Canada Case Law

Gill v. Gill

Court

Supreme Court of British Columbia

The Court found British Columbia has territorial jurisdiction because the child was habitually resident in BC; the respondent's continued pursuit of duplicative Nevada proceedings while making inaccurate representations about BC's orders and failing to bring a forum non conveniens/stay application in BC constitutes an abuse of process; an anti-suit injunction was denied as premature because the Nevada Supreme Court has remitted the forum non conveniens question to the Nevada District Court and comity requires allowing that process to run; as a proportionate remedy the respondent's Response to…

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• Habitual residence
• Forum non conveniens
• Abuse of process
• Anti-suit injunction
• Jurisdictional dispute
• Uccjea

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Davis v. Davis

Court

Supreme Court of Nova Scotia

The court found Nova Scotia had territorial competence because the respondent was ordinarily resident in Nova Scotia at commencement and there was a real and substantial connection, but exercised its discretion under the CJPTA to decline jurisdiction and stayed the Nova Scotia parenting proceeding in favour of the 455th District Court, Travis County, Texas, because Texas was a more appropriate forum given multiplicity of proceedings, conflicting orders (Texas protective order), the scope of Texas proceedings (divorce encompassing all issues), relative diligence of the parties, and considerati…

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• Territorial competence
• Forum non conveniens
• Cjpta transfers
• Hague convention (child abduction)
• Protective orders
• Recognition and enforcement of foreign orders

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Matiko John v. Barrick Gold Corporation

Court

Court of Appeal for Ontario

Court of Appeal upheld a permanent stay of two related actions against Barrick Gold, finding Tanzania was the clearly more appropriate forum and rejecting fresh evidence.

• Forum non conveniens
• Jurisdiction simpliciter
• Presence-based jurisdiction
• Parent company liability
• Aiding and abetting customary international law
• Access to justice

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Airbnb, Inc. v. Ware

Court

British Columbia Court of Appeal

Court of Appeal: (1) Dismissed Airbnb, Inc.'s appeal of the chambers judge's dismissal of its jurisdictional objection because Airbnb, Inc. contracted with Canadian Guests prior to June 30, 2014, establishing territorial competence; (2) Allowed Airbnb Canada's appeal and dismissed the claim against it because the pleadings and evidence did not establish a real and substantial connection to British Columbia (Airbnb Canada only provided marketing/support under service agreement); (3) Allowed appeal from certification: chambers judge correctly found pleaded causes of action were not plainly boun…

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• Certification under class proceedings act s.4
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Statutory illegality
• Restitution vs disgorgement
• Preferable procedure analysis

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M.J.F. v. G.J.F.

Court

Supreme Court of British Columbia

Court found BC could exercise jurisdiction over parenting because the children were physically present in BC and substantial evidence was available, but declined jurisdiction over divorce, property and support in favour of Washington on forum non conveniens grounds (more ties, property law and evidence in Washington, risk of multiplicity and conflicting orders); accordingly BC proceedings on divorce, property and support were stayed while BC retained jurisdiction over parenting and ordered reunification counselling and staged contact.

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• Jurisdiction
• Forum non conveniens
• Habitual residence
• Guardianship
• Parenting arrangements
• Child support

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Keivan v. Hadavi

Court

Supreme Court of British Columbia

Plaintiffs failed to establish a real and substantial connection between British Columbia and the facts pleaded under CJPTA s.3(e)/s.10 because the pleadings and evidence did not show the alleged torts, restitutionary obligations or operative business activities occurred in BC; the presumption of jurisdiction was not triggered or was rebutted and the action is therefore dismissed for lack of territorial competence.

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• Territorial competence
• Forum non conveniens
• Conversion
• Fraudulent misrepresentation
• Unjust enrichment
• Costs

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D.T.C. v. M.I.V.M.

Court

Supreme Court of British Columbia

The Child most recently resided and was 'at home' in Abbotsford, British Columbia; the claimant did not acquiesce or delay such that s.72(3) would change habitual residence; therefore BC courts have jurisdiction simpliciter under ss.72-74 FLA; the respondent failed to establish that Bolivia is a clearly more appropriate forum (forum non conveniens), particularly given Bolivian orders obtained without proper notice and respondent's misleading communications; however an immediate indefinite return order would not be appropriate on the materials because of best interests and family violence cons…

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• Habitual residence
• Jurisdiction simpliciter
• Forum non conveniens
• Return order
• Family violence
• Service and notice of foreign proceedings

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Auora v. Climbing Inc. v. Kilter, LLC

Court

Supreme Court of British Columbia

The Agreement was admissible; its forum selection clauses were valid, clear and applicable; British Columbia has territorial competence because the Agreement and the dispute have a real and substantial connection to BC; BC is not forum non conveniens; and Aurora's injunction application failed because although there is a serious issue to be tried, Aurora did not establish irreparable harm and the balance of convenience favoured Kilter.

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• Forum selection clause
• Territorial jurisdiction (cjpta)
• Forum non conveniens
• Settlement agreement admissibility (rule 408)
• Reverse engineering
• Passing off

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Larkings v. Forrington

Court

Supreme Court of British Columbia

The ACSA's cessation of registration and administrative assessment terminated enforcement in Australia but did not extinguish the BC Order in British Columbia; the Father attorned to BC jurisdiction by initiating the proceedings; under the Divorce Act the BC court has territorial competence and, applying CJPTA s.11 factors, the court should exercise jurisdiction rather than decline in favour of Australia; the Father's applications to stay, vacate the BC Order and to have the Mother declared vexatious are dismissed.

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• Child support
• Enforcement of foreign maintenance orders
• Jurisdiction and territorial competence
• Forum non conveniens
• Registration of overseas maintenance liabilities
• Vexatious litigant

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Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A.

Court

Court of Appeal for Ontario

The Court of Appeal upheld a stay of Ontario enforcement proceedings against Webuild, holding that liability for the Chilean arbitral award had first to be तयined in Italy.

• Recognition and enforcement of foreign arbitral awards
• Third-party liability for judgment debt
• Forum non conveniens
• Stay of proceedings
• Choice of law (italian law)
• Costs

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