The defendant employer brought a motion to stay or dismiss the claim of one of the plaintiffs, who resided in Quebec, arguing that Quebec was the more appropriate forum (forum non conveniens).
The plaintiffs, who were all Vice-Presidents of Business Development, brought an action in Ontario for unpaid vacation pay.
Applying the Van Breda factors, the court found that the majority of key witnesses were in Ontario and that separating the Quebec plaintiff's claim would create a risk of multiplicity of proceedings and inconsistent findings.
The motion was dismissed, as the defendant failed to show that Quebec was a clearly more appropriate forum.
