COURT OF APPEAL FOR ONTARIO
RE:
MAPLE LEAF FOODS INC. (Plaintiff (Respondent)) – and – DNP INTERNATIONAL CO., INC. (Defendant (Appellant))
BEFORE:
LABROSSE, ROSENBERG and GILLESE JJ.A.
COUNSEL:
Brian D. Belmont
for the appellant
Lynn Mitchell
for the respondent
HEARD & ENDORSED:
November 15, 2005
On appeal from the Order of Justice Bonnie L. Croll of the Superior Court of Justice dated November 22, 2004.
A P P E A L B O O K E N D O R S E M E N T
1DNP appeals the dismissal of its motion for a stay of this action on the basis that California had exclusive jurisdiction and that Ontario was not the appropriate forum.
2First, the motions judge’s conclusion that DNP failed to establish exclusive jurisdiction to California is supported by the evidence.
3Second, after consideration of all the relevant factors, the motions judge concluded that Ontario was the more appropriate forum for this action.
4The motions judge’s decision involved an exercise of discretion that required a process of fact finding and weighing of the facts. The decision is entitled to deference.
5We see no basis to interfere.
6The appeal is dismissed with costs fixed at $5,000.00 inclusive of disbursements and Goods and Services Tax.