The defendant trustee of a Liechtenstein trust moved to stay or dismiss two related Ontario actions alleging fraud and misappropriation of funds, arguing that Ontario lacked jurisdiction or was an inconvenient forum.
The plaintiffs resisted the motions, asserting that the funds used to settle the trust originated from Ontario and were transferred in breach of fiduciary duties.
The court found that Ontario had jurisdiction simpliciter because contracts connected to the dispute were executed in Ontario and the underlying torts of misappropriation occurred within the province.
The court also declined to stay the actions on the basis of forum non conveniens, concluding that Ontario was the most appropriate and efficient forum to resolve the claims.
