Law360 Canada ( July 31, 2024, 4:11 PM EDT) -- Appeal by Merchant Law Group LLP (MLG) from judge’s refusal to decline jurisdiction on proposed class proceeding against it in favour of Saskatchewan, and from finding that service of claim on MLG in British Columbia (B.C.) was effective. MLG raised forum non conveniens grounds. MLG was a national law firm, with offices in locations across Canada, including a head office in Saskatchewan. The plaintiff, Mayer from B.C., alleged that MLG made misrepresentations inducing class members to pay $500 retainer fees to join a separate class action relating to a sham tax shelter program (Piett Action), which MLG then misused. The retainer agreement specified that B.C. law governed. Mayer paid the retainer from B.C. However, the underlying Piett Action was in Saskatchewan courts. MLG argued Saskatchewan was clearly the more appropriate forum as that was where the Piett litigation occurred, where MLG was based and where most witnesses resided. Mayer contended that B.C. was the proper forum, given his residence, the retainer agreement's choice of law which was B.C., MLG’s B.C. offices, and the ability to pursue a national class action that might be barred in Saskatchewan. The judge found that a collective weight of the factors prevented the court from reaching a conclusion that Saskatchewan was a clearly more appropriate forum....