The appellants, an Indian law firm and its senior partner, appealed the dismissal of their motion to stay or dismiss an action brought by Kyko Global Inc., an Ontario corporation.
The action alleged negligent and fraudulent misrepresentation and breach of contract related to a legal opinion provided by the appellants.
The appellants argued that Ontario lacked jurisdiction and was not the convenient forum.
The Court of Appeal upheld the motion judge's decision, finding that Ontario had jurisdiction simpliciter based on presumptive connecting factors (tort occurring in Ontario, contract made in Ontario) and that the appellants failed to demonstrate that Mumbai, India, was a clearly more appropriate forum.
The appeal was dismissed with costs.