The defendants brought a motion to dismiss the plaintiff foreign bank's civil action for fraud and breach of contract on the basis of issue estoppel and abuse of process, arguing that Iranian criminal courts had already declined to prosecute the individual defendant for the same conduct.
In the alternative, the defendants sought a stay based on forum non conveniens or an order for security for costs.
The court dismissed the motions based on issue estoppel, abuse of process, and forum non conveniens, finding that the Iranian criminal proceedings did not finally determine civil liability and that Ontario remained an appropriate forum.
However, the court granted the motion for security for costs, ordering the plaintiff to post $175,000 as it had no assets in Ontario or a reciprocating jurisdiction.
