The Plaintiffs (UDG) sought an anti-suit injunction to halt proceedings against them in Dubai and Singapore concerning an alleged outstanding debt and guarantees.
The Defendants (TAP) cross-moved to dismiss or stay the Ontario action for lack of jurisdiction or forum non conveniens, citing forum selection clauses.
The court denied the anti-suit injunction, finding UDG failed to meet the Amchem test, particularly by not pursuing stays in the foreign jurisdictions.
The court also found Ontario was not the natural forum, given the parties' residences, witness locations, and applicable foreign laws.
The Plaintiffs' Ontario action was permanently stayed.
