Chris Operates a Software Firm in Antigonish, Nova Scotia, That

question 6

Multiple Choice

Chris operates a software firm in Antigonish, Nova Scotia, that does business all over the world. In all of his contracts of sale he includes a clause that says "the law of the province of Nova Scotia applies to any dispute related to or arising under this agreement and the courts of the province of Ontario shall have exclusive jurisdiction over all such disputes." Some months later they have problems with Dov, a computer engineer in Haifa, Israel, who refuses to pay alleging that Chris did not perform some software installation and maintenance work correctly. Chris commences action against Dov in an Ontario court. Dov asks the Ontario Court to decide that the dispute should be heard in an Israeli court. The Ontario court is MOST likely to

• A) dismiss Chris's case because the parties have chosen Nova Scotia law to govern the contract.
• B) accept Chris's case because Ontario is a more important commercial jurisdiction than Nova Scotia.
• C) accept Chris's case because the parties have agreed on the forum for the resolution of their disputes unless it finds that Israel is a more convenient forum notwithstanding the choice of forum clause in the contract because the dispute arose in Israel and some of the evidence and one of the parties are there. By contrast, the dispute has no connection with Ontario.
• D) accept Chris's case because the parties have agreed on the forum for the resolution of their disputes under the contract.
• E) dismiss Chris's case and refer the parties to arbitration because arbitration is preferable for international contract disputes.

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