Lara S. Teoli

The appellant appealed an order staying his Ontario contract action against the respondents on the basis that Ontario lacked jurisdiction simpliciter and Florida was the most convenient forum.

The appellant argued the motion judge erred by relying on a privileged letter, finding the agreement contained a Florida arbitration provision, and failing to consider the risk of a multiplicity of proceedings.

The Court of Appeal dismissed the appeal, finding the motion judge correctly applied the Muscutt test, the letter was not privileged, and the factual findings were supported by the evidence.

The appellant appealed an order dismissing his defamation claim.

The motion judge had applied the test from Mantini and concluded that the words complained of were not capable of bearing the defamatory meaning attributed to them by the appellant.

The Court of Appeal found no error in the motion judge's conclusion and dismissed the appeal with costs.