Scott Dallen

The defendant ANI Media Private Ltd. moved to dismiss or permanently stay the action brought by Sikhs for Justice (SFJ) on grounds of lack of jurisdiction or *forum non conveniens*.

SFJ, an Ontario-incorporated not-for-profit, alleged a defamation campaign orchestrated by the Republic of India and carried out by Indian media outlets, including ANI Media.

The court found that while a presumptive connecting factor (tort committed in Ontario due to online access) was arguable, it was rebutted because the claims were not sufficiently connected to Ontario to reasonably expect ANI Media to respond there, especially given the Republic of India's immunity and the broad nature of the alleged campaign.

Consequently, the Ontario Superior Court of Justice declined jurisdiction and dismissed the action.

The court also briefly addressed *forum non conveniens* for completeness, noting that India was not clearly a more appropriate forum due to significant impediments for SFJ to litigate there.

The moving parties sought a stay of a Divisional Court order that lifted an earlier stay and dismissed their application for judicial review.

The moving parties had been selected in a lottery to apply for retail cannabis store licences but were disqualified by the Registrar for failing to provide an irrevocable letter of credit within five days of notification.

The Court of Appeal applied the three-part test for granting a stay: serious issue to be determined, irreparable harm, and balance of convenience.

While the court found a serious issue existed and acknowledged potential irreparable harm, it determined that the balance of convenience strongly favoured denying the stay due to interference with government policy, public interest in expanding cannabis retail access, and the fact that the moving parties' position had already been rejected by the Divisional Court.