Is there any respect for a plaintiff's choice of forum when the court declines jurisdiction?
Nova Scotia, Canada
The following excerpt is from Armco Capital Inc. v. Armoyan, 2010 NSSC 102 (CanLII):
Thus, it remains true that the court must show respect for the plaintiff's, or the applicant's, choice of forum when the court is asked to decline jurisdiction. In Bouch v. Penny, Justice Saunders said at para. 62: [T]he existence of a more appropriate forum must be clearly established in order to displace the forum selected by the plaintiff. Where there is no one forum that is the most appropriate, the domestic forum chosen by the plaintiff wins out by default.
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