Supreme Court
Decision Information
Abstract: Motion by the Respondent to stay the action on the grounds that it should be heard in a foreign jurisdiction - Applicants brought an action for an accounting and allege damages for mismanagement by the Respondent Bank of the Applicant's property under receivership, located in the Cayman Islands
Decision: Motion denied - Every Canadian has a prima facie right to bring action in a Canadian Court - Respondent bears the burden of showing that another forum is more just, appropriate and convenient for hearing the action - Burden not discharged - Court must also look to the advantages and disadvantages to the respective parties.
Subjects: Conflict of laws
Keywords: Jurisdiction - foreign element - forum non conveniens