Court Upholds Forum Selection Clause

On October 21, 2013, Master Keith Laycock of the Alberta Court of Queen's Bench dismissed an action brought by a commercial wine equipment distributor, resident in Alberta, against an Italian wine equipment manufacturer to recover on a settlement arising from a tank malfunction and significant product loss.  The Court directed the parties to resolve the dispute in Italy, the exclusive jurisdiction identified for dispute resolution in the Distributorship Agreement.  David Wachowich, Q.C. and Michael Oxman represented the successful defendant in Gould Stainless Products Ltd. v. Zorzini S.p.A..