5,109
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Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"
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Claims Involving Out-of-province Insurers or Accidents (12:XIII) (view source)
Revision as of 20:01, 16 August 2019
, 20:01, 16 August 2019→B. Jurisdiction
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The defendant can challenge BC court’s jurisdiction on the basis that the BC court has no jurisdiction to hear the matter at all (i.e. the court lacks jurisdiction ''simpliciter'') or that there is a more convenient jurisdiction within which the case may be heard (i.e. the defendant argues that the BC court is ''forum non conveniens''). | The defendant can challenge BC court’s jurisdiction on the basis that the BC court has no jurisdiction to hear the matter at all (i.e. the court lacks jurisdiction ''simpliciter'') or that there is a more convenient jurisdiction within which the case may be heard (i.e. the defendant argues that the BC court is ''forum non conveniens''). | ||
The BC court has jurisdiction simpliciter where there is real and substantial connection between BC and the defendant or between BC and the subject matter of the action. Section 10 of [http://www.bclaws.ca/civix/document/id/complete/statreg/03028_01 ''Court Jurisdiction and Proceedings Transfer Act''], SBC 2003 c 28 [''CJPTA''] lists the circumstances in which it is presumed that there is a real and substantial connection. | The BC court has jurisdiction simpliciter where there is a real and substantial connection between BC and the defendant or between BC and the subject matter of the action. Section 10 of [http://www.bclaws.ca/civix/document/id/complete/statreg/03028_01 ''Court Jurisdiction and Proceedings Transfer Act''], SBC 2003 c 28 [''CJPTA''] lists the circumstances in which it is presumed that there is a real and substantial connection. | ||
In situation involving parallel proceedings in two jurisdictions, it may be necessary to engage in a ''forum conveniens'' analysis to determine the most convenient jurisdiction within which to hear the matter. In determining the most efficient forum to hold the trial, a court may consider, among other things: where witnesses live; whether injury or disability makes it difficult for one party to travel; and which substantive law will apply (applying complex foreign laws in a BC court may require expensive expert witnesses to be called). | In situation involving parallel proceedings in two jurisdictions, it may be necessary to engage in a ''forum conveniens'' analysis to determine the most convenient jurisdiction within which to hear the matter. In determining the most efficient forum to hold the trial, a court may consider, among other things: where witnesses live; whether injury or disability makes it difficult for one party to travel; and which substantive law will apply (applying complex foreign laws in a BC court may require expensive expert witnesses to be called). | ||
