2288450 Ontario Ltd. v. Novajet

2288450 Ontario Ltd. v. Novajet

The jurisdiction clause referring to Nova Scotia was a mistake and rectified to intend Ontario law; even if not rectified, the Nova Scotia court declined to exercise jurisdiction under CJPTA section 12 because Ontario was the clearly more appropriate forum; the Nova Scotia action was stayed.

Citation
2016 NSSC 77
Parties
Plaintiff/respondent in Motion: 2288450 Ontario Limited; Defendant/applicant in Motion: 2106701 Ontario Inc. o/a Novajet
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 March 2016
Procedural Posture
Civil Breach of Contract and Negligence / Motion to Stay for Forum Selection/jurisdictional Challenge
Outcome
Motion granted; Nova Scotia action stayed
Legal Topics
Forum Selection Clause, Rectification for Mistake, Jurisdictional Competence, Attornment, Stay of Proceedings, Choice of Law
Source Language
English
Contract Law Tort Negligence Private International Law Civil Procedure Forum Selection Clause Rectification for Mistake Jurisdictional Competence Attornment +2 more

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Parties

2288450 Ontario Limited

Plaintiff/respondent in Motion

2106701 Ontario Inc. o/a Novajet

Defendant/applicant in Motion

Procedural Posture

Civil Breach of Contract and Negligence / Motion to Stay for Forum Selection/jurisdictional Challenge

Legal Issues

  1. 1 Whether the plaintiff attorned to Ontario jurisdiction by paying monies into Ontario court
  2. 2 Whether the jurisdiction clause is void for mistake (mutual or unilateral) and subject to rectification
  3. 3 Whether the Nova Scotia court has territorial competence and, if so, whether it should decline jurisdiction in favour of Ontario

Ratio Decidendi

The jurisdiction clause referring to Nova Scotia was a mistake and rectified to intend Ontario law; even if not rectified, the Nova Scotia court declined to exercise jurisdiction under CJPTA section 12 because Ontario was the clearly more appropriate forum; the Nova Scotia action was stayed.

Court Disposition

Motion granted; Nova Scotia action stayed

Orders

  • Nova Scotia action brought by 2288450 Ontario Limited against 2106701 Ontario Inc. o/a Novajet is stayed
  • If parties cannot agree on costs, counsel have 30 days from the decision to file written submissions on costs