Court of Appeal for Ontario

CITATION: Glasford v. Canadian Imperial Bank of Commerce, 2015 ONCA 523

DATE: 20150709

DOCKET: C60001

BEFORE: Doherty, Pepall and Huscroft JJ.A.

BETWEEN

Kareem O. Glasford (n/k/a Kareem O. Vinton) and Bronwen A.D. Glasford Appellants (Plaintiffs)

and

Canadian Imperial Bank of Commerce and CIBC FirstCaribbean International Bank (Barbados) Limited Respondents (Defendants)

COUNSEL:

Kareem O. Glasford (n/k/a Kareem O. Vinton), appearing in person

Byron Shaw, appearing for the respondents (defendants) CIBC and FirstCaribbean International Bank (Barbados) Limited

HEARD: July 3, 2015

On appeal from the judgment of Justice C.J. Brown of the Superior Court of Justice, dated January 8, 2015.

APPEAL BOOK ENDORSEMENT

[1] We agree with the respondent that, in light of the terms of the contract governing acceptance, this contract was entered into in St. Kitts. The situs of the contract does not provide a presumptive connecting factor for purposes of determining jurisdiction.

[2] In the claim as alleged, the misrepresentations relied on in support of the fraudulent misrepresentation claim were made in and relied on in St. Kitts. The tort was completed there. In our view, the repetition of the same representations in a letter received by the appellant in Ontario has no impact on the situs of the tort. The location of the tort did not provide a presumptive connecting factor.

[3] We agree that the Ontario court has no jurisdiction.

[4] In any event, we agree with the motion judge’s forum non conveniens analysis and conclusion (paras. 30-32). The findings in para. 31 were open to her on this record. On any measure, St. Kitts is the appropriate forum for this litigation.

[5] It follows that we find no merit in the appellant’s claim for an “anti-suit” injunction.

[6] We also would not interfere with the costs order made below.

[7] Costs to the respondent in the amount of $7,500, inclusive of disbursements and all applicable taxes.