The defendant, Viridian Inc., brought a motion for a declaration of forum non conveniens, seeking to transfer the plaintiff insurer's action to Manitoba or stay the proceedings.
The underlying dispute involved insurance coverage for historic environmental remediation at Manitoba mine sites.
The court dismissed the motion, finding that a related action involving multiple insurers was already proceeding in Toronto.
Transferring this single action to Manitoba would risk a multiplicity of proceedings and inconsistent verdicts, making Ontario the more appropriate forum.
