An Ontario mining company sued numerous foreign engineering firms and engineers for negligence, negligent misrepresentation, and breach of contract following a landslide that closed a gold mine in Costa Rica.
The moving defendants challenged the jurisdiction of the Ontario court.
Applying the framework from Club Resorts Ltd. v. Van Breda, the court considered whether presumptive connecting factors established a real and substantial connection with Ontario.
The court held that neither alleged reliance on advice in Ontario, damages suffered in Ontario, nor business connections through related companies established sufficient jurisdictional ties.
Any connection to Ontario was tenuous, as the engineering services, alleged wrongdoing, and resulting physical damage occurred primarily in Costa Rica and the United States.
The court concluded that Ontario lacked jurisdiction simpliciter and therefore declined to assume jurisdiction over the moving defendants.
