S. Sood

MasterCard brought a motion to stay an Ontario action commenced by Aldo Group Inc., arguing that a forum selection clause in its license agreements with acquiring banks required the dispute to be heard in New York.

Aldo, a merchant, was not a party to those agreements but had a processing agreement with Moneris that specified Ontario as the exclusive jurisdiction.

The court found that Aldo's claims against MasterCard were direct claims in tort and unjust enrichment, not claims of equitable subrogation.

Therefore, Aldo was not bound by the New York forum selection clause.

The motion for a stay was dismissed.

The accused was charged with multiple firearm offences after the Emergency Task Force executed a search warrant for narcotics at an industrial building.

During the chaotic entry into a dark, crowded studio room, an officer observed a person holding a firearm and passed it to other officers, but did not arrest the individual.

The Crown relied on a chain of identity involving multiple officers and a distinctive pattern on the accused's pants to prove he possessed the firearm.

The court applied the W.D. test and found the identification evidence insufficient to meet the burden of proof beyond a reasonable doubt, resulting in acquittals on all charges.