The appellant, an Ontario mining company, sued American engineering consultants for negligent misrepresentation regarding studies for a Costa Rican gold mine.
The defendants successfully moved to stay the action for lack of jurisdiction.
On appeal, the Court of Appeal found that the tort of negligent misrepresentation was committed in Ontario, as the studies were received and relied upon at the appellant's Toronto head office.
This established a presumptive real and substantial connection that the defendants failed to rebut.
The appeal was allowed and the matter remitted to determine forum non conveniens.
