The defendant sought leave to appeal a decision dismissing its motion to stay or dismiss the action on the basis of jurisdiction and forum non conveniens.
The defendant argued that the motion judge failed to apply the correct principles regarding forum selection clauses as recently set out by the Supreme Court of Canada.
The Divisional Court found that the motion judge had correctly applied the principles, noting that the burden on the plaintiff to show strong cause only arises once the jurisdiction clause is found to be binding, which the motion judge did not find.
The motion for leave to appeal was dismissed.
