I thank Mr. Pribetic for bringing two Ontario conflict of laws decisions to my attention. These will form the subject of this and the following posts.
The first case is the decision of the Ontario Superior Court of Justice in IGM U.S.A. Inc. (Bucci Industries U.S.A. Inc.) v. Linamar Holdings Inc., recently affirmed by the Ontario Court of Appeal.
The case involved a contractual dispute between the plaintiff owners and operators of a factory in Ontario and the Italian defendants who supplied to the plaintiffs a multi-million dollar machine, which allegedly did not work as required. The defendants argued that the Ontario court had no jurisdiction simpliciter over the dispute or that Ontario is forum non conveniens because inter alia the parties have agreed that Italian courts would have exclusive jurisdiction.