Abaxx Technologies Inc. v. Pasig and Hudson Private Limited
Abaxx Technologies Inc.
Law Firm / Organization
Tufman & Associates
Lawyer(s)

Marek Z. Tufman

Abaxx Technologies Holdco Inc.
Law Firm / Organization
Tufman & Associates
Lawyer(s)

Marek Z. Tufman

Pasig and Hudson Private Limited
Green Tiger Markets Pte. Ltd.
Law Firm / Organization
Pallett Valo LLP
John H. Knorring
Law Firm / Organization
Pallett Valo LLP
Carlos W. Korten
Suresh Dixit

Summary: Abaxx Technologies Inc. appealed the dismissal of its action against Pasig and Hudson Private Limited and others, asserting Ontario jurisdiction over disputes arising from a services agreement involving intellectual property and breaches of fiduciary duty.

Key Points:

  • Jurisdiction Challenge: The appellants argued that Ontario had jurisdiction due to significant connections to the province, but the court upheld the motion judge's decision dismissing the claim for lack of jurisdiction, affirming that there was no real and substantial connection to Ontario.
  • Contracts and Connections: The involved parties were largely based outside Ontario, and the pertinent contracts and activities occurred primarily outside of Canada, weakening the jurisdiction argument.
  • Rejection of Appellant's Claims: The court found that the appellants did not adequately demonstrate the required jurisdictional connections or provide sufficient evidence to challenge the defendants' rebuttals, particularly concerning the alleged conspiracy and damages claims in Ontario.

Outcome:

  • The appeal was dismissed, with the court confirming the lower court’s findings on jurisdiction and the inadequacy of the appellants' claims.
  • The respondents were awarded costs, with specific amounts for partial indemnity provided to different respondent groups. $31,595.14 all-inclusive payable to the respondents Pasig and Hudson Private Limited, Korten and Dixit, and $21,935.95 all-inclusive payable to Green Tiger Markets Pte. Ltd. and Knorring.
Court of Appeal for Ontario
COA-23-CV-0627
Civil litigation
$ 53,531
Respondent