In a CCAA restructuring proceeding, the moving parties (Cliffs) brought a motion objecting to the jurisdiction of the Ontario Superior Court to hear a dispute over a terminated iron ore supply contract.
Cliffs argued that the contract was governed by Ohio law and that Ohio was the convenient forum.
The court dismissed the motion, finding that it had jurisdiction simpliciter because the contract was made in Ontario and Cliffs carried on business in Ontario.
Applying the single control model for insolvencies, the court held that the dispute should be resolved within the CCAA proceedings.
The court also found that Cliffs failed to establish that Ohio was clearly a more appropriate forum.
