The court considered whether Ontario had jurisdiction over a claim by Grand HVAC Leasing Ltd. against four Alberta-based defendants who guaranteed the obligations of Boaz Pharmaceuticals Inc. under equipment leases.
The court found that the guarantees were not made in Ontario, and that there was no real and substantial connection between Ontario and the dispute.
Even if jurisdiction existed, the court would have stayed the action in favour of Alberta as the more appropriate forum.
The claim was stayed, and costs were awarded to the defendants.