The appellant brought a wrongful dismissal action in Ontario against the respondents.
The motion judge stayed the action, finding the appellant was an independent contractor and enforcing a forum selection clause in favour of England.
On appeal, the Court of Appeal found the motion judge made an extricable error of law by conflating the appellant's status as a shareholder with his role in providing services when applying the Belton factors.
Conducting a fresh analysis, the Court concluded the appellant was an employee for the purposes of the Employment Standards Act, rendering the forum selection clause void.
The Court further held that Ontario had jurisdiction simpliciter and that the respondents failed to establish England was a more convenient forum.
