I am considering taking an employer to court. It would be regarding whether or not I'm a contractor or employee (and thus entitled to different benefits).

I am not sure which court I would apply to. I work in BC, the office I work for is in Ontario, but I believe the companies HQ is in Quebec. Which jurisdiction would this fall under?

  • Does your contract say anything in that regard? – Iñaki Viggers Jun 27 '19 at 22:21

One, any or all of these (plus possibly Canadian law)

For a court or tribunal to have jurisdiction there must be some nexus between the dispute and the jurisdiction of that court or tribunal. Further, the jurisdiction must not be excluded, for example, a tribunal established for resolving family law matters is not going to have jurisdiction here.

As the plaintiff, you get to choose where to bring your case. Smart plaintiffs try to bring it to a forum which is a) convenient to them and b) likely to be sympathetic. For example, no one brings a defamation case in the United States if they can bring it literally anywhere else. This is called forum shopping.

The court or tribunal will decide a) if it has jurisdiction and b) if it is the most appropriate forum. For example, the Supreme Court of Canada has jurisdiction over everything - that doesn't mean its the most appropriate forum for your parking ticket.

Jurisdiction is not exclusive.

| improve this answer | |

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.