Jurisdiction Of Employment Agreement Considered
Saturday, December 10, 2016 - Filed in: Court Cases
An Ontario court held in Christmas v Fort McKay First Nation, 2014 ONSC 373 that it had no jurisdiction over a wrongful dismissal claim arising out of an employment contract made by email and performed in Alberta despite the fact that the agreement stated that the laws of Ontario were to govern the agreement. The contractual choice of law clause governed the law to be applied in interpreting the contract, but did not confer jurisdiction on the Ontario courts to undertake that interpretation. The action lacked a real and substantial connection with Ontario and that conclusion was not altered by the fact that the plaintiff had, in Ontario, made a counterproposal to the Alberta employer's initial offer. The acceptance was received in Alberta.
Note: This a reprint of an article by Michael Torrance of Norton Rose Fulbright Canada LLP.