Canada Case Law

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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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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Beztilny v. Integrated Contractors Ltd.

Court

Supreme Court of British Columbia

The court held it lacked territorial competence over a wrongful dismissal claim and, alternatively, would decline jurisdiction in favor of Alberta.

• Territorial competence
• Real and substantial connection
• Stay of proceedings
• Forum shopping
• Choice of forum
• Territorial-competence

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W.C.S.B. v. H.N.R.

Court

Supreme Court of British Columbia

The court held the child was habitually resident in British Columbia and retained jurisdiction over parenting issues. Other jurisdictional questions were adjourned.

• Habitual residence
• Territorial competence
• Forum non conveniens
• Parenting arrangements
• Family law act s.72 and s.74
• Court jurisdiction and proceedings transfer act s.11

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The Jean Coutu Group (PJ) Inc. v. British Columbia

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed appeals challenging territorial competence in an opioid class action, holding that jurisdiction was established under the CJPTA.

• Territorial competence
• Real and substantial connection
• Common design
• Duty of care
• Forum non conveniens
• Evidence – hearsay exclusion

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Cline v. Gymnastics Canada

Court

Supreme Court of British Columbia

The court allowed a pre-certification territorial competence challenge to proceed, but adjourned final determination on the Ex Juris Québec gymnasts pending limited further submissions.

• Territorial competence
• Jurisdiction
• Real and substantial connection
• Common issues
• Certification
• Assumed jurisdiction

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VM Agritech Limited v. Smith

Court

British Columbia Court of Appeal

The Court of Appeal upheld territorial competence in a debt claim, but held the defendants had not attorned by filing a jurisdictional response after the 30-day period.

• Territorial competence
• Attornment
• Service ex juris
• Rule 21-8 (civil rules)
• Forum conveniens
• Cjpta s.3 and s.10

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Hancock v. MEG Energy Corp.

Court

Supreme Court of British Columbia

The court found it lacked territorial competence but, in its discretion under the CJPTA, requested Alberta accept transfer of the wrongful dismissal proceeding.

• Territorial competence
• Proceedings transfer
• Wrongful dismissal
• Statute-barred limitation
• Forum non conveniens
• Rule 21-8

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Ross Estate (Re)

Court

Supreme Court of British Columbia

The court held British Columbia had territorial competence over the estate dispute and declined to stay the petition in favour of Alberta.

• Territorial competence
• Forum non conveniens
• Will validation
• Wesa ss.37,43,58
• Ordinary residence
• Limited grant of administration

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Harder v. InCor Holdings Limited

Court

Supreme Court of British Columbia

The court held British Columbia had territorial competence over claims against Pangaea, LeadFX and InCor Services, and dismissed the jurisdictional application.

• Territorial competence
• Cjpta s.3 connecting factors (s.10, s.11)
• Attornment
• Privity of contract
• Misrepresentation
• Conspiracy

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