The Court considered whether defendants could seek dismissal under Ontario Rule 21.01(3)(a) based on arbitration and forum selection clauses after delivering a statement of defence.
It held that a defence pleading the foreign forum clause does not itself bar a subsequent Rule 21 motion, provided the motion is brought promptly.
Applying the strong-cause framework for displacing contractual forum clauses, the Court found no basis to refuse enforcement.
The appeal was dismissed with costs.
