Pentacap LLC v. ACI Capital Partners Inc.
Pentacap LLC
Law Firm / Organization
BoyneClarke LLP
Lawyer(s)

James D. MacNeil

ACI Capital Partners Inc., a body corporate
Law Firm / Organization
Burnside Law Group
Lawyer(s)

Derek B Brett

Terry Taylor
Law Firm / Organization
Burnside Law Group
Lawyer(s)

Derek B Brett

Motions:

  1. Jurisdiction Motion:
    • Defendants sought dismissal for lack of jurisdiction, citing a forum selection clause designating Illinois.
  2. Summary Judgment Motion:
    • Requested dismissal of claims against Terry Taylor personally, deferred pending jurisdiction decision.

Key Issues:

  1. Jurisdiction:
    • Whether Nova Scotia courts have jurisdiction considering the forum selection clause.
  2. Attornment:
    • Whether filing a summary judgment motion constituted submission to Nova Scotia’s jurisdiction.

Facts:

  • Plaintiff's Claims:
    • ACI failed to perform contractual obligations after a $50,000 deposit.
    • Claims included breach of contract and misrepresentation.
    • Contract specified Illinois law and jurisdiction.
  • Defendants' Position:
    • ACI, a Florida corporation, argued the forum selection clause required dismissal.

Court's Analysis:

  • Territorial Competence:
    • Found ACI’s central management was in Nova Scotia, establishing jurisdiction under CJPTA.
  • Forum Selection Clause:
    • Determined valid and applicable; plaintiff did not show strong cause to override.
    • Contractual claims stayed for Illinois jurisdiction.
  • Tort Claims:
    • Though outside the clause’s scope, deemed more appropriate for Illinois.

Conclusion:

  • Contractual Claims: Stayed in favor of Illinois jurisdiction.
  • Tort Claims: Stayed, Illinois deemed more appropriate.
  • Summary Judgment Motion: Dismissed as unnecessary.
  • Costs: Awarded to ACI and Taylor, with submissions if parties cannot agree.
  • The document did not specify the exact amount of costs awarded.

 

Supreme Court of Nova Scotia
512528
Civil litigation
Defendant