Matthew Di Giovanni

The appellants appealed a motion judge's decision granting a stay of proceedings on forum non conveniens grounds.

The motion judge had characterized the claim as one for oppression under the Canada Business Corporations Act and found that Ontario was forum non conveniens because the core dispute involved shareholders' dissatisfaction with internal management decisions of a Quebec-based company.

The appellants argued the motion judge erred by misconstruing their claim as purely oppression and failing to recognize a common law claim for fraudulent misrepresentation with connections to Ontario.

The Court of Appeal dismissed the appeal, finding no error in the motion judge's characterization of the claim or his forum non conveniens analysis.

The City of Hamilton commenced an action against Daimler Trucks North America LLC and Wajax Industries Limited for damages arising from a truck fire.

The defendants brought motions for summary judgment, arguing the claim was statute-barred due to the expiry of the two-year limitation period.

The court found that the City of Hamilton knew or ought to have known of its claim by November 12, 2010, at the latest, and failed to exercise reasonable diligence in acquiring material facts.

Consequently, the claim, commenced on February 19, 2013, was statute-barred.

The defendants' motions for summary judgment were granted, dismissing the plaintiff's claim.