Éditions Écosociété Inc. v. Banro Corp.

Éditions Écosociété Inc. v. Banro Corp.

Ontario courts properly assumed jurisdiction because publication occurred in Ontario (distribution and library circulation) creating a real and substantial connection; the motion judge did not err in declining to stay the action under forum non conveniens after weighing factors (applicable law favors Ontario, plaintiff's residence and juridical advantage, lack of clear risk of multiplicity or forum shopping), therefore the appeal is dismissed.

Citation
2012 SCC 18
Parties
Appellant (publisher): Les Éditions Écosociété Inc.; Appellant (author): Alain Deneault; Appellant (researcher/editor): Delphine Abadie; Appellant (researcher/editor): William Sacher; Respondent (plaintiff): Banro Corporation; Intervener: Canadian Civil Liberties Association; Intervener: British Columbia Civil Liberties Association
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 April 2012
Procedural Posture
Defamation (tort) / Private International Law — Forum Non Conveniens and Jurisdiction / Appeal to the Supreme Court of Canada From Ontario Court of Appeal; Motion to Stay on Jurisdictional and Forum Non Conveniens Grounds Adjudicated on Appeal
Outcome
Appeal dismissed; Ontario courts' assumption of jurisdiction and refusal to stay action upheld
Legal Topics
Jurisdiction, Real and Substantial Connection, Forum Non Conveniens, Lex Loci Delicti, Choice of Law in Defamation, Libel Tourism, Juridical Advantage
Source Language
English
Private International Law Defamation Civil Procedure Choice of Law Constitutional Law (freedom of Expression) Jurisdiction Real and Substantial Connection Forum Non Conveniens +4 more

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Parties

Les Éditions Écosociété Inc.

Appellant (publisher)

Alain Deneault

Appellant (author)

Delphine Abadie

Appellant (researcher/editor)

William Sacher

Appellant (researcher/editor)

Banro Corporation

Respondent (plaintiff)

Canadian Civil Liberties Association

Intervener

British Columbia Civil Liberties Association

Intervener

Procedural Posture

Defamation (tort) / Private International Law — Forum Non Conveniens and Jurisdiction / Appeal to the Supreme Court of Canada From Ontario Court of Appeal; Motion to Stay on Jurisdictional and Forum Non Conveniens Grounds Adjudicated on Appeal

Legal Issues

  1. 1 Whether Ontario courts could assume jurisdiction under the real and substantial connection test in a multi‑jurisdictional defamation claim
  2. 2 Whether the Ontario court should decline to exercise jurisdiction under the doctrine of forum non conveniens
  3. 3 Whether a multijurisdictional defamation case requires substantial publication in the forum for jurisdictional purposes

Ratio Decidendi

Ontario courts properly assumed jurisdiction because publication occurred in Ontario (distribution and library circulation) creating a real and substantial connection; the motion judge did not err in declining to stay the action under forum non conveniens after weighing factors (applicable law favors Ontario, plaintiff's residence and juridical advantage, lack of clear risk of multiplicity or forum shopping), therefore the appeal is dismissed.

Court Disposition

Appeal dismissed; Ontario courts' assumption of jurisdiction and refusal to stay action upheld

Orders

  • Appeal dismissed with costs