Fasken Martineau DuMoulin

This constitutional appeal concerned amendments to a provincial pay equity regime addressing systemic wage discrimination affecting predominantly female job classes.

The court held that provisions delaying and limiting compensation adjustments until periodic audit postings, and restricting retroactive adjustments before posting, infringed equality rights under section 15(1) of the Charter.

The majority found the scheme effectively tolerated periods of uncompensated inequity and was not justified under section 1.

The cross-appeal challenging repeal provisions failed for lack of proof of unconstitutionality.

In two tort actions arising from serious injuries and death at resort properties in Cuba, the corporate defendant challenged Ontario jurisdiction and sought stays based on forum non conveniens.

The Court clarified the real and substantial connection framework by reaffirming presumptive connecting factors, including carrying on business in the province and making a contract in the province connected to the dispute.

It held that jurisdiction was properly assumed in both proceedings and that the defendant failed to rebut the presumptions.

The Court also held the defendant did not establish that the foreign forum was clearly more appropriate.

Both appeals were dismissed with costs, except as to two respondents in one file.