K.W. Whitaker

The defendant moved to stay an Ontario negligence and contract action arising from alleged defects in industrial thermostats supplied under an international commercial relationship.

The moving party relied on a contractual clause submitting to the jurisdiction of the English courts and argued that Ontario lacked jurisdiction or, alternatively, that England was the clearly more appropriate forum.

Applying the presumptive connecting factors framework, the court held that the alleged torts were committed in Ontario and that Ontario therefore had jurisdiction.

The court further held that the moving party failed to establish forum non conveniens or to show that the English courts should displace the plaintiff's chosen forum.

The applicants brought an application under the Repair and Storage Liens Act arising from a commercial dump truck lease and the repairer's subsequent sale of the vehicle.

The court found that the respondent lessee was in arrears and had breached the lease, and that the respondent repairer sold the truck without providing proper notice to the applicants.

The court also held that, by entering into a further agreement after mailing notices, the repairer waived reliance on the earlier notice.

The sale was found not to be commercially reasonable and contrary to the Act.