MasterCard brought a motion to stay an Ontario action commenced by Aldo Group Inc., arguing that a forum selection clause in its license agreements with acquiring banks required the dispute to be heard in New York.
Aldo, a merchant, was not a party to those agreements but had a processing agreement with Moneris that specified Ontario as the exclusive jurisdiction.
The court found that Aldo's claims against MasterCard were direct claims in tort and unjust enrichment, not claims of equitable subrogation.
Therefore, Aldo was not bound by the New York forum selection clause.
The motion for a stay was dismissed.
