Rosser Holstein Ltd. filed a lawsuit related to a fire caused by an agricultural feed mixer, alleging defects in its manufacture by Faresin Industries. The fire was supposedly ignited due to a faulty plastic hydraulic tank made by Spila SRL and incorporated into the mixer by Faresin.
Legal Issue:
Spila SRL filed a motion to stay the third party claim against it, arguing that the Manitoba court lacked jurisdiction and alternatively, on the basis of forum non conveniens.
Court’s Analysis:
Jurisdiction: The court found no connection between Spila SRL and Manitoba, ruling out any jurisdictional claim as the dispute's connections were primarily in Italy.
Forum Non Conveniens: The court agreed that Italy would be a more appropriate forum, noting that all relevant contracts, witnesses, and businesses were located there, and that the contracts and operations were under Italian law.
Conclusion:
The court granted the motion to stay the third party claim, determining that the Manitoba court does not have jurisdiction over the dispute between Faresin and Spila. If this conclusion was incorrect, the court also concluded that Italy would still be the more convenient forum for this dispute. Costs not specified in the document.
