The plaintiff Ontario corporation sued the defendant Northern Ireland corporation for breach of contract regarding the delivery of a waste recycling facility.
The defendant moved to stay the action, arguing lack of jurisdiction or forum non conveniens based on a forum selection clause in its standard terms and conditions.
The court found it had jurisdiction simpliciter due to a real and substantial connection to Ontario.
However, the court stayed the action, finding that the plaintiff was bound by the forum selection clause and failed to show strong cause why it should not be enforced.
