Custom Clean Atlantic Ltd. v. GSF Canada Inc.

Custom Clean Atlantic Ltd. v. GSF Canada Inc.

The Nova Scotia Small Claims Court has jurisdiction because the contractual Quebec jurisdiction clause is void to the extent it purports to exclude or limit the Court's jurisdiction under s.14 of the Small Claims Court Act, and alternatively Nova Scotia is the clearly more convenient forum given the substantial...

Source-derived case information.

Citation
2016 NSSM 17
Parties
Claimant: Custom Clean Atlantic Ltd.; Defendant: GSF Canada Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 May 2016
Procedural Posture
Small Claims Court Contract Claim / Preliminary Ruling on Jurisdiction
Outcome
No stay. Nova Scotia Small Claims Court has jurisdiction to hear the claim. The Quebec jurisdiction clause is severed to the extent it purports to oust this Court's jurisdiction.
Legal Topics
Forum Conveniens, Exclusive Jurisdiction Clause, Choice of Law, Territorial Competence, Small Claims Court Act S.14, Court Jurisdiction and Proceedings Transfer Act
Source Language
english
Civil Contract Procedure Private International Law Administrative Forum Conveniens Exclusive Jurisdiction Clause Choice of Law +3 more

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Parties

Custom Clean Atlantic Ltd.

Claimant

GSF Canada Inc.

Defendant

Procedural Posture

Small Claims Court Contract Claim / Preliminary Ruling on Jurisdiction

Legal Issues

  1. 1 Whether a contractual Quebec jurisdiction clause ousts the Nova Scotia Small Claims Court
  2. 2 Whether Nova Scotia has territorial competence under Court Jurisdiction and Proceedings Transfer Act s.4(e) and s.8
  3. 3 Whether the Quebec jurisdiction clause is void under Small Claims Court Act s.14

Ratio Decidendi

The Nova Scotia Small Claims Court has jurisdiction because the contractual Quebec jurisdiction clause is void to the extent it purports to exclude or limit the Court's jurisdiction under s.14 of the Small Claims Court Act, and alternatively Nova Scotia is the clearly more convenient forum given the substantial connection of the facts to Nova Scotia (forum conveniens).

Court Disposition

No stay. Nova Scotia Small Claims Court has jurisdiction to hear the claim. The Quebec jurisdiction clause is severed to the extent it purports to oust this Court's jurisdiction.

Orders

  • Claimant to file a defence to the counterclaim forthwith
  • Either party may apply to the court administrator to set a special hearing date for the hearing on the merits at a time and place convenient to counsel