AGI SURETRACK, LLC v OPISYSTEMS INC

An Application was brought against OPISystems Inc. (“OPI”) by AGI Suretrack, L.L.C. (“AGI”) in Alberta (the “Alberta Action”). OPI applied to have the Alberta Action struck because it was duplicative of an Action in Kansas (the “Kansas Action”). The Court considered whether the Alberta Action should be dismissed or stayed, pursuant to Rules 3.68, 1.4, and/or 3.72.

Pursuant to Rule 3.68, the Court considered if there was a real and substantial connection with Alberta to provide Alberta with presumptive jurisdiction. Justice Reed held that OPI had the burden of demonstrating that Kansas was the more appropriate forum. Reed J. considered the factors in Van Breda v Village Resorts Ltd, 2012 SCC 17, and ultimately confirmed that the claims in the Alberta Action arise by operation of Canadian law, against a Canadian Defendant and that Alberta has jurisdiction over the case.

Pursuant to Rules 1.4 and 3.72, the Court held that a Stay is a discretionary remedy and, in the context of a multiplicity of proceedings, the Court may consider whether the issues in the proceedings are substantially the same. According to Justice Reed, the Dismissal of an Action is an extraordinary remedy that should only be exercised in the clearest of cases. Reed J. held that the Kansas Action and the Alberta Action were related, but not overlapping from a cause of action standpoint. The Court expressed concern about the Alberta Action proceeding prior to the Kansas Action being determined due to the risks of duplicative discovery, and findings of fact in two jurisdictions. As such, Justice Reed directed that there be a Stay of the Alberta Action, with an exception that the Plaintiff is permitted to apply for pre-Trial Injunctive relief without leave of the Court.