The case Smiley v. The Pierre Elliott Trudeau Foundation (2023 NLSC 107) involves the plaintiff, Cherry Smiley, who brought a civil action against The Pierre Elliott Trudeau Foundation and Stephen Kakfwi. The primary legal issue is whether the action should be tried in Newfoundland and Labrador, where some incidents occurred, or in Quebec, as requested by the defendants under the doctrine of forum non conveniens.
Key Points:
- Incident Details: Smiley alleges that in June 2018, during a Foundation event in Newfoundland and Labrador, Kakfwi engaged in inappropriate behavior amounting to sexual battery. This is the core of her tort claim.
- Legal Claims: The claims include sexual battery, breach of fiduciary duty, breach of contract (specifically good faith and honesty in performance), and breach of privacy and confidence.
- Jurisdiction Debate: The Foundation argued that Quebec is the more appropriate forum due to several factors: the Foundation is based in Montreal, Smiley signed agreements governed by Quebec law, and most of the events connected to the legal issues occurred in Quebec.
- Court's Decision: The Newfoundland court ultimately agreed with the defendants, finding Quebec to be the "clearly more appropriate" forum for the trial. The court granted a stay of proceedings in Newfoundland, allowing the case to be heard in Quebec unless the Quebec court refuses jurisdiction.
- The document does not indicate any monetary award.
