Bains v Loader

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca66, 2026 mbca 66 (canlii), 2026, mbca, 66, (canlii), ai24-30-10113; ai24-30-10114, 2026, procedure, stay of proceedings, jurisdiction challenge, stay motion under the court of king’s bench act, s. 38 and king’s bench rules, rules 17.06 and 21.01(3)(a), dismissal of stay motion for jurisdiction and forum non conveniens affirmed, manitoba courts found to have jurisdiction simpliciter and be most convenient forum, appeals dismissed, civil liability, torts, jurisdiction simpliciter, fraudulent misrepresentation and conspiracy alleged in international financing arrangement, whether torts were committed in manitoba for van breda connecting factor, misrepresentation received and acted upon in manitoba and economic damage suffered in manitoba, presumptive connecting factor not rebutted, jurisdiction simpliciter confirmed, procedure, jurisdiction, forum non conveniens, whether judge conflated rebuttal of presumptive connecting factors with forum non conveniens, real and substantial connection analysis distinguished from convenience analysis, no palpable and overriding error in factual findings on rebuttal, manitoba not displaced as clearly more appropriate forum, appeal dismissed, procedure, arbitration, international commercial arbitration stay, the international commercial arbitration act, sched a, art ii and sched b, arts 8 and 16, whether claims must be referred to arbitration, peace river framework applied, arbitration agreements found inconsistent, contradictory and flawed, arbitration agreements incapable of being performed, stay refused, procedure, arbitration, competence, competence, whether arbitral tribunal must decide jurisdiction at first instance, competence, competence displaced only in clear cases, peace river component 1 arguable case acknowledged but component 2 exception established, court entitled to determine jurisdiction because arbitration agreements incapable of being performed, appeals dismissed