Sears Canada Inc. (“Sears”) sought to overturn a Master’s Decision staying the Alberta Action. The Master had held that Ontario was the most appropriate jurisdiction.

Sears cited Rules 3.3 and 3.5 and argued that the Alberta Rules of Court suggested that Alberta was the most appropriate jurisdiction. The Court held that Rules 3.3 and 3.5 address the issue of the appropriate judicial centre with respect to initiating a claim, and have nothing to do with determining the appropriate forum in the face of competing jurisdictions. The Appeal was dismissed.