The defendant, a Spanish law firm, brought a motion to dismiss the plaintiff's action for lack of jurisdiction.
The plaintiff, an Ontario corporation, sued the defendant for fraudulent and negligent misrepresentation regarding the status of patent applications in Panama and Costa Rica, which had lapsed.
The court applied the Van Breda test and found that the plaintiff failed to establish a good arguable case for the tort of misrepresentation occurring in Ontario, as the plaintiff had not provided the necessary powers of attorney in time and the defendant had not provided incorrect information.
The motion was granted and the claim was dismissed.
