Plaintiff
Defendant
Background: Krahn hired Mr. Bit in 2014, promoting him to President and CEO in 2018. His employment was terminated in November 2023. Krahn filed the lawsuit in March 2024, and Mr. Bit responded in the same month.
Legal Arguments/Issues: The defendant sought to dismiss the case, claiming the court lacked jurisdiction over him or should decline jurisdiction in favor of Alberta. The court examined if it had territorial competence under the Court Jurisdiction and Proceedings Transfer Act (CJPTA). Krahn needed to show a real and substantial connection to British Columbia. The Letter of Intent (LOI) signed by both parties included a non-exclusive forum selection clause favoring Alberta, but it did not mandate exclusive jurisdiction. The court considered factors such as convenience, applicable law, and the desirability of avoiding multiple proceedings under the forum non conveniens doctrine.
Held: The court found an arguable case for jurisdiction in British Columbia, noting Krahn's operations and Mr. Bit's role as CEO connected to the province. The forum selection clause was deemed non-exclusive, meaning it did not require the case to be heard in Alberta. The court weighed various factors and concluded Alberta was not clearly a more appropriate forum.
Conclusion and Costs: The application to dismiss or stay the action was dismissed. Costs of the application were to be governed by Rule 14-1(12)(b) of the Supreme Court Civil Rules. No specific amount of costs or awards was mentioned in the judgment.
Court
Supreme Court of British ColumbiaCase Number
S241481Practice Area
Corporate & commercial lawAmount
Winner
PlaintiffTrial Start Date
Download documents