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The Court of Appeal affirmed Ontario's jurisdiction over tort claims regarding defective generators and declined to enforce an unproven forum selection clause.
The Court of Appeal for Ontario dismissed an appeal by S.D.M.O. Industries (Kohler-SDMO) and Kohler Co., who sought to stay proceedings on the basis of lack of jurisdiction or a forum selection clause favoring a French court.
The court held that Ontario had jurisdiction, the forum selection clause was not proven to be valid or applicable, and the motion judge made no reviewable error.
The appeal was dismissed with costs.
