In a previous post, we wrote about an Ontario judge’s decision to not enforce a forum selection clause in an aircraft engine lease agreement, which stated that disputes related to the agreement were to be decided according to Arizona law and resolved by the courts in Arizona. We then wrote about a subsequent appeal by Honeywell Inc. (the owner of the engine), in which the Ontario Court of Appeal overturned the Ontario judge’s decision and decided that the dispute should be resolved in Arizona.
Expedition Helicopters Inc. then sought to have a further appeal heard before the Supreme Court of Canada. The Supreme Court of Canada decided today that it will not hear the appeal. Accordingly, the Ontario Court of Appeal’s decision stands and this matter will be resolved in Arizona.