Tissa Amaratunga v. Northwest Atlantic Fisheries Organization, a body corporate (March 28, 2013)
Case # 34501
The respondent is an international body comprised of 13 signatories representing approximately two dozen independent countries, including Canada. Headquartered in Dartmouth, Nova Scotia, its mandate is to manage and preserve fishing resources in the northwest Atlantic Ocean. The appellant began working for NAFO at its headquarters in 1988 in a senior management position. The appellant continued in this capacity until June 2005 when his employment was terminated. The appellant commenced a wrongful dismissal suit in response in the Supreme Court of Nova Scotia. NAFO claimed immunity as an international organization. NAFO asked the Supreme Court of Nova Scotia to declare itself without jurisdiction to adjudicate the matter. The Supreme Court of Nova Scotia dismissed Northwest’s motion and determined that the matter could go to trial. The Court of Appeal allowed the appeal, stating that the Supreme Court had no jurisdiction to adjudicate this matter.