Supreme Court

Decision Information

Island Surf Holdings Ltd. v Bank of Nova Scotia

Court Supreme Court
Date 1987-01-23
Neutral citation SC CIV 87 005
Other citations (1987) – 35 D.L.R. (4th) 259 (N.W.T. S.C.)
File numbers SC 00144
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
VAN VOGT V. ALL CANADIAN GROUP DISTRIBUTORS LTD. (1969) 9 D.L.R. (3D);
ST. PIERRE V. SOUTH AMERICAN STORES LTD. (1936) 1 K.B. 382;
MACSHANNON V. ROCKWARE GLASS LTD. (1978) A.C. 795;
ATLANTIC STAR (1973) 2 ALL E.R. 175;
ANTARES SHIPPING CORP. V. THE SHIP ACAPRICORN@ ET AL (1976) 65 D.L.R. (3D) 105;
MACMANUS V. ROYAL BANK OF CANADA AND CENTRAL EASTERN TRUST CO.; ROYAL BANK OF CANADA V. MACMANUS (1983) CANADIAN BANKRUPTCY REPORTS, VOL. 47, 252.
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

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