The defendants brought a motion to stay the proceeding, arguing that Ontario courts lacked jurisdiction simpliciter or, alternatively, that Ontario was forum non conveniens.
The action was commenced by the plaintiffs for misrepresentation and breach of fiduciary duty related to a life insurance policy.
The court found that a presumptive connecting factor existed in Ontario because the deceased, Anna Neger, resided in Toronto until her death and likely received and acted upon the alleged misrepresentations in Ontario.
The defendants failed to rebut this presumption.
Furthermore, the court determined that Ontario was a convenient forum, considering factors such as the location of parties and witnesses, the applicable law, and the avoidance of a multiplicity of proceedings, despite the defendants' arguments regarding a defendant's immigration status and New York governing law for the trust agreement.
The motion to stay the proceeding was dismissed, and costs were awarded to the plaintiffs.
