The defendant brought a motion to stay or dismiss the action on the basis that the Ontario Superior Court of Justice lacked jurisdiction simpliciter.
The plaintiff, a UK national residing in Bahrain, had entered into an oral loan agreement with the defendant, who claimed to reside in Pakistan.
The plaintiff argued that the defendant was domiciled or resident in Ontario, or carried on business in Ontario.
The court found that while the defendant carried on business in Ontario, the presumption of jurisdiction was rebutted because there was no real and substantial connection between the loan agreement and the defendant's business activities in Ontario.
The action was stayed for lack of jurisdiction simpliciter.
