Supreme Court
Decision Information
Abstract: An application for a declaration that the Northwest Territories is a forum non conveniens. Application for a declaration re: choice of law. Application to strike the Statement of Claim filed pursuant to the Fatal Accidents Act as not disclosing a cause of action. Application to strike an estate action pursuant to s. 31 of the Trustee Act. Application to set aside service ex juris.
Decision: The Defendants' application to declare that the Northwest Territories is a forum non conveniens is denied. It was determined that the Northwest Territories was the more suitable forum. It is the natural forum for the plaintiff. The application regarding the appropriate choice of law was denied as it was premature to raise the issue before the Chambers judge and it should properly be determined upon the hearing of the evidence by the trial judge. Although the Statement of Claim was found to be poorly drafted, a cause of action pursuant to the Fatal Accidents Act is disclosed and therefore the application to strike the statement of claim is denied. The application to strike the estate action is granted as the plaintiff, Frank Stewart, did not have the capacity to sue as the Administrator of the Estate. He was not granted letters of administration until after the limitation period for filing an action had expired. The application to set aside service ex juris was denied, as the amended statement of claim addressed the omission in the original pleading.
Subjects: Conflict of laws - Jurisdiction of domestic courts - Stay of proceedings - Forum convenies
Conflict of laws - Jurisdiction of domestic courts - Stay of proceedings - Choice of law
Civil procedure - Service - Service ex juris - Setting aside
Damages - Fatal injuries - Survival of actions
Damages - Fatal injuries - Family and dependants' compensation - Nature of claim
Wills and estates - Executors and administrators - Rights and powers