What is the test for establishing jurisdiction?
British Columbia, Canada
The following excerpt is from JTG Management Services Ltd. v. Bank of Nanjing Co. Ltd., 2014 BCSC 715 (CanLII):
Jurisdictional facts need not be established on the balance of probabilities. The court is not tasked with making a determination as to whether those jurisdictional facts are actually true: [Laxton v. Anstalt, 2011 BCCA 212]. The judicial objective at this early stage of the litigation is to determine whether there are facts, alleged or deposed which, if true, would provide a foundation for jurisdiction. The applicable burden is to establish an arguable case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have inherent jurisdiction to supervise the establishment and administration of charitable purpose trusts? (British Columbia, Canada)
Is an extradition court a court of competent jurisdiction pursuant to s. 24 of the Charter and has the jurisdiction to grant Charter remedies? (British Columbia, Canada)
Does jurisdiction simpliciter need to be established? (British Columbia, Canada)
What steps must a party who resides in another jurisdiction take to be considered "substantive" in attorned to this court's jurisdiction? (British Columbia, Canada)
What is the test for establishing jurisdictional facts? (British Columbia, Canada)
What is the burden of establishing territorial competence or jurisdiction of this court? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
What is jurisdiction and what is the test for jurisdiction? (British Columbia, Canada)
What is the test for establishing that identification evidence is sufficient to establish prima facie case? (British Columbia, Canada)
