Melanie K. Baird

The appellant, MasterCard, sought to stay an Ontario action brought by the respondent, Aldo, on the basis of a New York forum selection clause contained in agreements to which Aldo was not a party.

Aldo's claims arose from a cybercrime attack and subsequent data security assessments imposed by MasterCard and collected by Moneris.

The Court of Appeal upheld the motion judge's decision dismissing the stay, finding that Aldo's claims were direct tort claims rather than subrogated contractual claims.

The Court declined to apply the 'closely related' doctrine to bind Aldo to the forum selection clause, as it was not foreseeable that the clause would apply to its claims.

The plaintiff brought a motion to certify a proposed class action for damages pursuant to s. 130 of the Securities Act.

The defendants consented to certification, except for the plaintiff's proposed class definition which included purchasers in the secondary market.

The court held that s. 130(1) of the Act does not provide a statutory cause of action to purchasers in the secondary market, and revised the class definition accordingly before granting certification.