The recent decision of the Ontario Court of Appeal
in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020
ONCA 778 (“GIAO Consultants”)
provides some key considerations for parties in forum non
conveniens disputes.
In GIAO Consultants, the appellants appealed a
decision that the Superior Court had jurisdiction over and was
the forum conveniens for the action brought by
the respondent, GIAO Consultants Ltd.
(“GIAO”), against the appellants and
other parties who were not participants in the appeal.
The Underlying Facts
On January 21, 2020, GIAO issued a claim against the appellants
and others claiming breach of contract, negligence, intentional
misrepresentation, breach of trust and/or fiduciary duty, and civil
conspiracy. The contract at issue had a clause providing that the
governing law would be the laws of the Province of Quebec. The
clause (the “Governing Law Clause”)
provided:
