Friday, May 31, 2013

Forum selection clauses

2249659 Ontario Ltd. v. Sparkasse Siegen, 2013 ONCA 354 holds:

[39]       Forum selection clauses in an agreement between parties, particularly sophisticated commercial parties, will normally be enforced by Ontario courts.  A plaintiff who seeks to litigate in Ontario, having agreed that the dispute would be litigated in another forum, carries a heavy burden and must show a "strong cause" for departing from the terms of the agreement:  Z.I. Pompey Industrie v. ECU-Line N.V., 2003 SCC 27, [2003] 1 S.C.R. 450, at para. 20; Expedition Helicopters Inc. v. Honeywell Inc., 2010 ONCA 351, 100 O.R. (3d) 241.   

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