Jock C. Climie

The appellant sued the Government of Nunavut in Ontario for wrongful dismissal.

The motion judge found no real and substantial connection to Ontario and that Nunavut was the more appropriate forum.

On appeal, the appellant argued Ontario was a 'forum of necessity' because returning to Nunavut would trigger severe mental illness symptoms.

The Court of Appeal dismissed the appeal, upholding the motion judge's finding that the appellant's mental health challenges did not rise to the exceptional level required for the forum of necessity doctrine, noting that accommodations could be sought in a Nunavut court.

The plaintiff brought a wrongful dismissal action in Ontario against his British Columbia employer after being dismissed from his employment in Nevada.

The defendant brought a motion to set aside service and stay the proceedings, arguing Ontario lacked jurisdiction and was not the convenient forum.

The motion judge dismissed the motion, finding jurisdiction simpliciter and that Ontario was the convenient forum.

The Court of Appeal dismissed the defendant's appeal, holding that there was a real and substantial connection to Ontario and that the motion judge did not err in considering the plaintiff's loss of juridical advantage if forced to litigate in Nevada.