The defendant employer brought a motion to dismiss or permanently stay an employment action on grounds of lack of jurisdiction or forum non conveniens.
The plaintiff, a former employee, commenced an action in Ontario alleging breach of contract, intentional infliction of mental suffering, and discriminatory treatment arising from her dismissal without notice.
The defendant argued that the action should be stayed in favor of Manitoba courts, where the plaintiff was employed and where the alleged misconduct occurred.
The court found that a forum selection clause in the plaintiff's original employment contract with Atomic Energy Canada Limited (AECL) designated Ontario as the exclusive jurisdiction and remained enforceable against the defendant, a wholly-owned subsidiary of AECL that assumed the plaintiff's employment.
The court also found that Ontario had jurisdiction simpliciter based on multiple presumptive connecting factors.
The motion was dismissed.
