Michael Torrance

The plaintiff, a former employee of the Royal Bank of Canada in British Columbia, moved to Ontario and sought employment at an Ontario branch.

She alleged that a British Columbia-based employee defamed her to Ontario employees, resulting in the withdrawal of an employment offer and constructive dismissal.

The defendants moved to stay the action, arguing Ontario lacked jurisdiction and that British Columbia was the more convenient forum.

The court dismissed the motion, finding a presumptive connection to Ontario based on the tort of defamation occurring there, and held that the defendants failed to establish that British Columbia was a clearly more appropriate forum.

The appellant employer appealed a Small Claims Court decision finding it had wrongfully dismissed the respondent employee and breached the Human Rights Code.

The employee was terminated after a 28-month disability leave, despite providing a return-to-work plan.

The Divisional Court upheld the trial judge's findings that the employment contract was not frustrated, the employer failed to accommodate the employee, and disability benefits paid by a third-party insurer were not deductible from the wrongful dismissal damages.

The appeal was dismissed.