The defendant brought a motion to stay the Ontario action on the basis of forum non conveniens.
The plaintiff had sued the defendant in Ontario on a personal guarantee related to a promissory note, despite the guarantee containing a New York choice of law and non-exclusive forum selection clause.
The court applied the Van Breda factors and concluded that New York was clearly the more appropriate forum, noting the risk of inconsistent results and the efficiency of applying New York law in a New York court.
The motion was granted and the action was stayed.
