What is the test for making findings of fact on disputed evidence in a jurisdictional issue?

British Columbia, Canada


The following excerpt is from Jamali v Gillani, 2021 BCSC 2134 (CanLII):

The first matter to note is that in adjudicating an application concerning a jurisdictional question, the court is not to make findings of fact on disputed evidence or to decide the merits of the case beyond what is necessary to determine the issues of territorial jurisdiction and forum non conveniens: Fastlicht v. Carmichael, 2018 BCSC 37 at para. 69.

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