COURT OF APPEAL FOR ONTARIO
Armstrong, Blair and Pepall JJ.A.
BETWEEN
Zheng Zhang
Plaintiff (Respondent)
and
Hua Hai Li Steel Pipe Co. Ltd., Renjie Zhang, Ruqiu Zhang, Jiaming Zhang and Yumin Yang
Defendants (Appellants)
Edward F. Hung, for the appellants
Christopher P. Goldson, for the respondent
Heard: February 1, 2013
On appeal from the order of Justice S. M. Stevenson of the Superior Court of Justice, dated July 26, 2012.
ENDORSEMENT
1This is an appeal from the order of Justice S.M. Stevenson dated July 26, 2012, which dismissed the motion of the personal defendants challenging the jurisdiction of the court to try this action.
2At the time that the action was commenced, the plaintiff (respondent) resided in Ontario. The personal defendants (the appellants) reside in Ontario and were served in Ontario with the statement of claim. They still reside here.
3The motion judge held that the court had jurisdiction over this case in accordance with the reasoning of the Supreme Court in Club Resorts Ltd. v. Van Breda, 2012 SCC 17. She also concluded that the proper forum was Ontario.
4The appellants submit that the case concerns the entitlement to the assets of the corporate defendant, a Chinese company, that carried on business in China and accordingly only the Chinese courts have jurisdiction to try this case.
5In our view, the appeal should be dismissed but for reasons different from those given by the motion judge.
6This is not a jurisdictional case. The respondents live and were served in Ontario and the Ontario courts accordingly have jurisdiction. It is also significant that before the respondents brought the motion challenging the jurisdiction of the court, the appellants filed a statement of defence and took other steps in connection with the action. Even if the appellants had not been served within Ontario, they have attorned to the jurisdiction.
7The forum non conveniens issue is not relevant.
8We see no merit in this appeal and it is therefore dismissed.
9Given the basis upon which we have disposed of this appeal we make no order as to costs.
“Robert P. Armstrong J.A.”
“R.A. Blair J.A.”
“S.E. Pepall J.A.”