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Canada Case Law

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Family law 2024 BCSC 1291

Tsui v. Chow

The court held M.’s habitual residence was British Columbia, dismissed the Hague Convention return application, and kept BC jurisdiction over family remedies.

  • Habitual residence
  • Wrongful retention
  • Hague convention article 12 and 13
  • Views of the child
  • Forum non conveniens
  • Property division jurisdiction under fla
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Civil procedure 2023 BCSC 729

Smith v. VM Agritech Limited

The court set aside service of a notice of civil claim on UK-resident defendants, finding delivery to Canadian counsel was not authorized service under the rules.

  • Service outside jurisdiction
  • Personal service
  • Rule 21-8(3) sccr
  • Setting aside service
  • Endorsement requirements for foreign service
  • Service-of-process
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.