Following a motion in a wrongful dismissal action involving a multinational employer, the court had previously stayed the Ontario proceeding on the basis of forum non conveniens while finding that Ontario had jurisdiction simpliciter.
The defendants sought substantial costs after obtaining the stay.
The court considered the factors under s.131 of the Courts of Justice Act and rule 57.01 of the Rules of Civil Procedure, including the complexity and novelty of jurisdictional issues involving cross‑border employment disputes.
Because the plaintiff succeeded on the jurisdiction issue while the defendants succeeded on forum non conveniens, the result of the motion was divided.
Exercising its discretion, the court concluded that fairness required no costs award.
