Court of Appeal for Ontario

CITATION: Bains v. Sadhu Singh Hamdard Trust, 2008 ONCA 52

DATE: 20080124

DOCKET: C47027

BORINS, CRONK and GILLESE JJ.A.

BETWEEN:

DARSHAN SINGH BAINS, SUNNY BAINS and VINNY BAINS

Plaintiffs (Respondents)

and

SADHU SINGH HAMDARD TRUST, DAILY AJIT, BARJINDER SINGH HAMDARD and PREM SINGH

Defendants (Appellants)

Counsel:

Barry M. Weintraub and Matthew J. Diskin for the appellants

Roderic T. Hinton for the respondents

Heard: January 24, 2008

On appeal from the order of Justice Elizabeth M. Stewart of the Superior Court of Justice dated March 27, 2007.

APPEAL BOOK ENDORSEMENT

[1] We are not persuaded that the motion judge erred in the exercise of her discretion in dismissing the appellants’ motion to stay this action on the ground that India is the more appropriate forum. She correctly articulated the governing legal principles and assessed the evidence based on those principles. While some might quarrel with the weight to be afforded to the various considerations, that is not an error nor is it something that warrants intervention by this court. We would therefore dismiss the appeal with costs fixed at $8,600 inclusive of disbursements and GST.