Mining Company Barred from Staking Its Claim in an Ontario Court

Where Litigants Look for Justice will Depend on What Sort of Justice they Seek In a recent ruling, the Ontario Court of Appeal upheld the decision of a motion’s judge to stay an action commenced in Ontario on the basis that there was no real and substantial connection between the relief claimed by the plaintiffs and the jurisdiction of the Ontario Court. The decision is notable in its emphasis on the remedy sought by the plaintiff in the determination of whether or not to assume jurisdiction. The holding underscores the importance for those seeking to litigate in Ontario of ensuring that relief they claim is of the type that is capable of enforcement by an Ontario court.

In Khan Resources Inc. v. W.M. Mining Co., LLC, the Ontario Court of Appeal upheld an Order of a motion’s judge staying an application commenced in Ontario. The application centred on certain mining rights in Mongolia. The defendants were W.M. Mining Company, LLC, a Colorado corporation, ("WM Mining")