The plaintiff commenced a wrongful dismissal action in Ontario.
The defendant brought a motion to stay or dismiss the action on the basis of forum non conveniens, arguing that British Columbia was the more appropriate forum.
The employment contract contained a non-exclusive forum selection clause in favour of Ontario.
The court held that the forum non conveniens test, rather than the strong cause test, applies to non-exclusive forum selection clauses.
After weighing the relevant factors, the court concluded that the defendant failed to establish that British Columbia was clearly a more appropriate forum.
The motion was dismissed.
