Is there any difference between a domestic action and a foreign arbitration?

Ontario, Canada


The following excerpt is from ATS Automation Tooling Systems Inc v. Chubb Insurance Company of Canada, 2018 ONSC 6139 (CanLII):

However the facts as set out by the learned judge differ markedly from the present case: “56. As the Ontario High Court of Justice noted in Boart Sweden AB v. NYA Stromnes AB regarding a domestic action and a foreign arbitration taking place in Sweden: The factual basis of all the issues in the Ontario action has to do with the conduct of the parties under the international agreement which is the subject of arbitration. [ ... ] It would be idle to proceed with the tort claims in Canada at the very same time that the arbitration proceeds in Sweden, even though the causes of action and the parties are not identical, when the factual basis of the tort claims is so tied up together with the matters being decided in the arbitration and when there is an obvious overlap between the witnesses required for the different proceedings in the two different countries. [my emphasis]

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