The appellants, Italian manufacturers of custom equipment, appealed a decision dismissing their motion to set aside service and stay the respondents' Ontario action.
The appellants argued that the contract was formed in September 2004 and included an exclusive jurisdiction clause for Italy, and that parallel proceedings were already underway in Italy.
The Court of Appeal upheld the motion judge's findings that the contract was formed in March 2004 without a jurisdiction clause, that Ontario had jurisdiction simpliciter based on a real and substantial connection, and that Italy was not clearly a more appropriate forum.
The appeal was dismissed.
