This is an appeal from a motion judge's decision to assume jurisdiction over foreign defendants in a complex international fraud and conspiracy case.
The respondents (original plaintiffs) alleged that a Toronto resident orchestrated a scheme to misappropriate billions of dollars from Saudi Arabian corporations and dissipate them globally, with the assistance of family members and various corporate entities.
The appellants (foreign defendants) challenged Ontario's jurisdiction, arguing a lack of real and substantial connection.
The motion judge found jurisdiction based on contracts made in Ontario (including a gift deed central to the alleged scheme), property located in Ontario, and the tort of conspiracy being committed in Ontario.
The Court of Appeal upheld the motion judge's decision, finding no palpable and overriding factual errors or legal errors in applying the Van Breda test for jurisdiction, and dismissed the appeal.
