Mavrakis v TELUS International (Cda) Inc.
Sarah Mavarakis
TELUS International (Cda) Inc.
Law Firm / Organization
Stikeman Elliott LLP

Case Overview:
The plaintiff, Sarah Mavrakis, an American citizen residing in Virginia, contested the enforceability of restrictive covenants in her employment agreement with TELUS International (Cda) Inc., a British Columbia company.

Key Legal Issues:
The central legal issues involved:

  • Whether disputes regarding the restrictive covenants in Mavrakis's employment agreement were subject to arbitration in Virginia, as per the arbitration clause.
  • Whether the British Columbia court had jurisdiction to rule on the validity of the restrictive covenants, which were governed by BC law.

Court's Analysis and Decision:

  • The court upheld the competence-competence principle, determining that the Virginia arbitrator had jurisdiction to decide the arbitrability of disputes.
  • The court found an arguable case that the restrictive covenant claims fell within the arbitration agreement.
  • It concluded that Virginia was the more appropriate forum due to the location of the parties, witnesses, and the nature of the dispute.
  • Consequently, the court stayed the British Columbia proceedings under Section 7(2) of the Arbitration Act and declined jurisdiction under Section 11(1) of the Court Jurisdiction and Proceedings Transfer Act (CJPTA).

Costs and Awards:
The document did not specify a total amount of costs or awards in favor of the successful party.

In summary, TELUS International (Cda) Inc. succeeded in having the proceedings stayed in favor of arbitration in Virginia?.

Supreme Court of British Columbia
S244767
Labour & Employment Law
Defendant