The defendant, a former employee residing in Alberta, brought a motion to stay or dismiss the plaintiff's action in Ontario for repayment of training expenses.
The court found that Ontario had jurisdiction simpliciter because the employment contract was made in Ontario when the defendant faxed his acceptance to the plaintiff's head office.
However, the court stayed the action on the basis of forum non conveniens, concluding that Alberta was clearly the more appropriate forum given that the applicable law was Alberta law, the factual matters arose in Alberta, and the majority of witnesses resided in Alberta.
