The plaintiffs were injured while working in Thailand as ESL teachers. They were involved in an MVA unrelated to the work, and one of them died from her injuries. The plaintiffs commenced an action in Ontario against the defendant, a BC company, which advertised the jobs to the plaintiffs. The plaintiffs claimed damages for breach of contract, breach of fiduciary duty, negligence, negligent misrepresentation, and other torts. The defendant brought a motion to dismiss or stay the action based on lack of jurisdiction and forum non conveniens. The motion judge applied the test in Club Resorts v. Van Breda, and dismissed the motion. The motion judge found that torts committed in Ontario gave rise to a presumptive connecting factor, which the defendant did not rebut. The Court of Appeal upheld the motion judges decision.
Menu