The Vancouver Province has reported on a BC Supreme Court decision by the Honourable Justice Laura Gerow, in Mr. Moore’s wrongful dismissal action.
The defendants unsuccessfully applied for an order to have the court decline jurisdiction. The court wrote:
[1] Patrick Moore has commenced an action alleging that NextEnergy Inc. breached the employment contract it had with him. On this application, NextEnergy seeks orders that Dr. Moore’s action be dismissed or stayed, on the ground that the notice of civil claim does not allege facts, that if true, would establish that the Court has jurisdiction over NextEnergy. Alternatively, NextEnergy seeks an order that Dr. Moore’s action be dismissed or stayed, on the basis that the Court does not have jurisdiction over NextEnergy in respect of the subject matter of the action. In the further alternative, the Court should decline jurisdiction over the parties in respect of the subject matter of this action.
However, the court found that Mr. Moore’s employment, and the legal action for wrongful dismissal damages following the employer’s termination of his employment contrary to its obligations in the employment agreement was properly governed by BC law.
The court’s conclusion is at:
[73] I find that this Court has territorial competence over this matter, and NextEnergy has not established that Ontario is a more appropriate forum. As a result I decline to exercise my discretion to dismiss or stay this action. NextEnergy’s application is dismissed. Dr. Moore is entitled to his costs of this application.
Mr. Moore was represented by TevlinGleadle’s Blair Curtis.
Full Reasons for Judgement are available here.