Ontario Civil

Conflict Of Laws

Plaintiff had no evidence establishing publication in Ontario

Defendant acted on recommendation of EC to declare plaintiff personae non grata within Olympic Movement and to recommend members of Olympic family not grant plaintiff accreditation or having dealings with plaintiff. Defendant posted decision on website. Plaintiff brought action claiming defamation, breach of duty of good faith, and abuse of process. Defendants brought motion to stay action on ground court had no jurisdiction. Motion was allowed. There was no evidence in record of motion that alleged torts were committed in Ontario. There was no evidence that allegedly defamatory material posted on website was ever viewed by anyone other than plaintiff. Plaintiff conceded plaintiff had no evidence establishing publication in Ontario. There was no evidence to suggest alleged misconduct with respect to abuse of process took place in Ontario. Impugned conduct took place in Athens, Greece. Plaintiff failed to establish real and substantial connection between defendants and Ontario or between plaintiff’s claim and Ontario. Consideration of fairness pointed in favour of refusing jurisdiction. It was international case. Swiss court would not recognize and enforce Ontario judgment in circumstances. Court would decline jurisdiction on basis that there was clearly more convenient forum for determination of dispute between parties. Most convenient forum was Switzerland. There was no justification for exercise of residual discretion to assume jurisdiction under doctrine of forum of necessity.

Elfarnawani v. International Olympic Committee

(Nov. 15, 2011, Ont. S.C.J., Campbell J., File No. CV-10-00411056) 209 A.C.W.S. (3d) 539 (19 pp.).

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