Summary

On appeal from the order of Justice R. Lee Akazaki of the Superior Court of Justice, dated June 20, 2025.

Overview

This appeal concerns the narrow question of which forum is appropriate to determine jurisdiction to hear the parties' underlying dispute: the Ontario Superior Court of Justice or the International Chamber of Commerce (the "ICC").

The appellant, Bombardier Inc. ("BI"), commenced an action in Ontario against the respondent, Alstom Rail Sweden AB ("Alstom Sweden") for the breach of a 2017 share purchase agreement (the "Ontario Action"). Alstom Sweden moved to stay the Ontario Action in favour of arbitration currently before the ICC. The motion judge stayed the Ontario Action until further order of the court.

BI appeals. The main issue in the appeal is whether the motion judge erred in finding it "arguable" that Alstom Sweden, which is not a named party to the agreement to arbitrate through the ICC, can nevertheless avail itself of that agreement.

For the reasons below, I conclude that the motion judge did not err. I would dismiss the appeal.