Appeal of stay based on forum non conveniens dismissed; costs award significantly reduced on appeal.
The appellant appealed a motion judge's decision staying its action for breach of contract and negligence on the basis of forum non conveniens.
The Court of Appeal upheld the finding that West Virginia, where the respondent processed the steel coils, was the more convenient forum.
However, the Court granted leave to appeal the costs order and reduced the motion judge's costs award from $36,000 to $15,000, finding the original amount unreasonable for a two-hour motion.
Coldmatic Refrigeration of Canada Ltd. v. Leveltek Processing LLC, 2005 ONCA 1042
