The defendant, a US citizen residing in Texas, brought a motion to stay the plaintiff's breach of employment contract action on the basis of forum non conveniens.
The plaintiff, a consulting firm with its head office in Toronto, hired the defendant to provide services globally.
The employment agreement specified Ontario law as the governing law.
The court applied the test from Club Resorts Ltd. v. Van Breda and the factors from Young v. Tyco, finding that the defendant failed to demonstrate that Texas was a clearly more appropriate jurisdiction.
The motion to stay was dismissed.
