Machado

Peter A. Simm was co-counsel for the successful Respondent on the appeal, and for the successful Responding Party (Plaintiff) on the motion to dismiss his wrongful-dismissal action on grounds of forum non conveniens  (i.e.  being brought in the wrong jurisdiction), in Machado  (2016, Ont. Div. Ct.; affirming 2015, Ont. Master).

The argument crafted in Simm’s Factum won not only issues of international conflict of laws, but also strategically used the common-employer doctrine to make the Ontario corporate parent of this senior executive’s New York employer a viable defendant. (A wrongful dismissal claim in New York State would been untenable because that jurisdiction allows employers to dismiss “at will” without compensation, regardless of whether or not there is cause, in the absence of contractual provisions to the contrary.)

Machado  is cited in 5 legal textbooks and one appellate court decision, as well as in 3 papers in legal periodicals.

Full cite: Machado v. Catalyst Capital Group Inc . , 2016 ONSC 6719, 34 C.C.E.L. (4th) 274, 2016 CarswellOnt 16911, [2016] O.J. No. 5574 (Ont. Div. Ct., single judge); affirming 2015 ONSC 6313, 27 C.C.E.L. (4th) 116, 2015 CarswellOnt 15650, [2015] O.J. No. 5306 (Ont. Master). (Co-counsel with Brian A. Grosman, Q.C.)