The defendants moved to stay an employment-related action on the basis that the Ontario court lacked jurisdiction over a Barbados-incorporated company and an individual resident in Dubai, or alternatively that Barbados was the more appropriate forum.
The plaintiffs alleged breach of contract and wrongful termination arising from a management services agreement largely performed in Ontario.
The court found that the corporate defendant carried on business in Ontario through its Toronto operations, banking, management decisions, employees, and professional services, and that the individual defendant had significant ongoing connections with Ontario.
Alternatively, the court held that a real and substantial connection existed between the dispute and Ontario, including the location of the parties, execution and performance of the contract, and the location of witnesses.
The defendants failed to establish that Barbados was a clearly more appropriate forum, and the motion to stay the action was denied.
