The appellant, an Ontario corporation, appealed the dismissal of its action against a Spanish law firm for alleged negligent and fraudulent misrepresentation regarding patent applications.
The action was dismissed at first instance for lack of jurisdiction, as the motion judge found the appellant failed to establish a good arguable case for the factual allegations underpinning jurisdiction.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's application of the law regarding presumptive connecting factors and the requirement to establish a "good arguable case" for jurisdictional facts.
The Court also rejected allegations of judicial bias and dismissed a motion for leave to appeal costs, awarding substantial indemnity costs to the respondent.
