The appellant sought to enforce a Chilean arbitral award in Ontario against the respondent, a non-party to the arbitration, arguing the respondent assumed the judgment debtor's liabilities through an Italian spin-off agreement.
The motion judge stayed the enforcement application on the basis of forum non conveniens, finding that the threshold issue of liability must be determined first and that Italy was the clearly more appropriate forum.
The Court of Appeal dismissed the appeal, holding that the motion judge did not err in severing liability from enforcement, applying the forum non conveniens doctrine, or granting a temporary stay pending the resolution of Italian proceedings.
