Background: The plaintiff, MM Fund, invested in Excelsior Mining Corp. by subscribing to 500,000 units in a 2021 prospectus, raising $31.7 million. MM Fund filed a civil claim in British Columbia, alleging misrepresentations in the prospectus under the Securities Act of British Columbia. MM Fund’s attempt to certify the claim as a class action failed due to its lack of standing as a non-BC resident.

Legal Arguments / Issues: MM Fund sought to transfer the proceedings to Ontario, arguing that the Ontario Superior Court of Justice was a more appropriate forum under the Court Jurisdiction and Proceedings Transfer Act (CJPTA). They claimed the transfer was necessary to continue the action with a recently filed class action in Ontario. The central issue was whether Ontario was clearly the more appropriate forum.

Held: The court analyzed factors under CJPTA Section 11(2), including comparative convenience, applicable law, avoiding multiplicity of proceedings, enforcement of judgments, and the fair and efficient functioning of the legal system. The court found significant connections to BC, including MM Fund's initial choice of forum and the applicable BC law. MM Fund’s request to transfer was seen as a strategic move without substantial grounds. Consequently, the court ruled against transferring the case to Ontario.

Costs / Damages Awarded: The court dismissed MM Fund's application to transfer the case and awarded costs in favor of Excelsior Mining Corp. against MM Fund, following the usual scale. Financial terms were not specified.