The plaintiff, an international bank headquartered in Nevis, sued the defendants in Ontario for defamation and breach of a confidentiality agreement.
The defendants, who had been noted in default, moved to set aside the default and dismiss the action on jurisdictional grounds.
The court set aside the noting in default, finding a reasonable explanation for the delay.
The court then dismissed the action, enforcing a forum selection clause in the parties' investment agreement that designated St. Kitts and Nevis as the exclusive jurisdiction.
Alternatively, the court found that Nevis was clearly the more appropriate forum under the doctrine of forum non conveniens.
