The applicant, a former officer and director of the respondent mining companies, brought an application in Ontario seeking a determination of his rights to stock options under a Release and Settlement Agreement.
The respondent moved to stay the application, arguing that Ontario lacked jurisdiction simpliciter and was forum non conveniens, as the respondent intended to allege the applicant breached his fiduciary duties and the agreement in Nevada.
The court found that Ontario had jurisdiction simpliciter because the agreement was made in Ontario.
However, the court concluded that Ontario was forum non conveniens for resolving the omnibus disputes between the parties.
The court temporarily stayed the application for 60 days to allow the respondent to commence an action in British Columbia or Nevada, with the stay to become permanent if such an action is brought.
