Ontario Superior Court of Justice (Divisional Court)

Danks v. Ioli Management Consulting (IMC, Ltd.)

Date: 2005-05-02

Docket: Toronto 699/03

Counsel: James Jagtoo for Plaintiff

Before: C. Campbell J.

Reasons for Decision

[1] Despite the argument of Mr. Jagtoo I conclude that this appeal must fail.

[2] The standard of review of the master was not addressed but given that the issue for forum conveniens involves a fact finding and weighing the decision is entitled to some deference.

[3] I am satisfied that the master did not err in law in addressing the test in respect of "carrying on business" in Ontario nor in weighing the factors in favour of the defendant for forum conveniens particularly where the contract underlying the claim was subject to Virginia law and the parties agreed to Virginia Courts for resolution of disputes. In my view there is nothing in the Incorporated Broadcasters Ltd. v. Canwest Global Communications Corp. [2003 CarswellOnt 601 (Ont. C.A.)] decision in the Ontario Court of Appeal that would make the master's conclusion an error in law. The appeal is therefore dismissed. Costs to the defendant fixed in the amount of $1500.

Appeal dismissed.