Cassels Brock was recently successful in an appearance before Justice Shaw of the Superior Court of Ontario, when Justice Shaw dismissed an action brought against our clients, a foreign manufacturer and its affiliated companies.
The plaintiffs had commenced an action in Thunder Bay for breach of contract, misrepresentation, and various torts in Ontario, despite all of the underlying facts occurring, and contracts being made, in California and containing forum selection clauses stipulating that California or Arizona law applied to the contracts, and that disputes arising from the agreements should be brought in those states. Cassels Brock successfully argued that the forum selection clauses ought to be enforced, and that in any event, there was no real and substantial connection between the facts and issues raised by the action and Ontario. Justice Shaw dismissed the action as against our clients, and awarded costs against the plaintiffs. The decision is currently under appeal by the plaintiffs.
Our clients were represented by Peter Henein and Kate Byers.