The plaintiffs, Ontario residents, sued the defendant Alberta-based religious organizations for unpaid salary and breach of contract after their services to plant a church branch in Ontario were terminated.
The defendants moved to stay or dismiss the action for lack of jurisdiction or forum non conveniens, relying on a forum selection clause in the Service Agreement designating Alberta.
The Superior Court found it had jurisdiction simpliciter because the defendants carried on business in Ontario.
However, the court stayed the action on the basis of forum non conveniens, finding the plaintiffs failed to show 'strong cause' to displace the clear Alberta forum selection clause.
