The plaintiff, an Ontario resident who was transferred to work in New York for a subsidiary of an Ontario corporation, brought an action in Ontario for wrongful dismissal and human rights violations after her employment was terminated.
The defendants moved to dismiss or stay the action for lack of jurisdiction or on the basis of forum non conveniens.
The court found that it had jurisdiction simpliciter because the Ontario parent corporation exercised effective control over the plaintiff's employment and the employment contract was connected to Ontario.
However, the court declined to exercise its jurisdiction, finding that New York was the clearly more appropriate forum because the key witnesses, evidence, and factual matters at the core of the dispute were located there.
The action was permanently stayed.
