DATE: 20041206
DOCKET: C41983
COURT OF APPEAL FOR ONTARIO
RE:
MICROVOICE APPLICATIONS, INC. (Plaintiff (Respondent)) – and – ICE CONSULTANTS INC., 1437208 ONTARIO INC., c.o.b. as INO MEDIA and VOICE COURIER TORONTO INC. (Defendants (Appellants))
BEFORE:
ROSENBERG, MOLDAVER and SIMMONS JJ.A.
COUNSEL:
Geoff R. Hall and Rita J. Maxwell
for the appellants
Christopher Stanek
for the respondent
HEARD & ENDORSED:
December 3, 2004
On appeal from the judgment of Justice Romain Pitt of the Superior Court of Justice dated May 18, 2004.
APPEAL BOOK ENDORSEMENT
1The motion to quash is dismissed. This case is governed by this court’s decision in M.J. Jones Inc. et al. v. Kingsway General Insurance Company et al. (2003), 68 O.R. (3d) 131.
2The appeal is dismissed. As the appellant points out, the question of forum conveniens is not a mathematical exercise. The remarkable features in this case are that the appellant Ontario defendants seek to stay proceedings because they are being sued in Ontario and that while they assert these proceedings are parallel to the U.S. proceedings, their counterpart in the U.S. asserts exactly the opposite. This case is about an accounting involving contracts where the offers were made in this province and where the defendants’ assets are in this province. There is accordingly a clear juridical advantage to the respondents in that the parties to the contracts appear to be these Ontario defendants with assets in Ontario.
3Accordingly, the appeal is dismissed. Costs fixed at $6,387.57 inclusive of G.S.T. and disbursements.