What is the test for jurisdiction simpliciter?
British Columbia, Canada
The following excerpt is from Stanway v. Wyeth Pharmaceuticals Inc., 2009 BCCA 592 (CanLII):
... Normally, issues of jurisdiction simpliciter fall to be decided on the sufficiency of the pleadings alone but as we have observed in Furlan v. Shell Oil Co., 2000 BCCA 404, there is an exception where the material before the court establishes that the plaintiff’s claim is tenuous. A tenuous claim is one where evidence introduced by the foreign defendant contradicts material facts pleaded by the plaintiff or otherwise proves facts fatal to the plaintiff’s claim. He described the respective evidentiary and persuasive burdens in such a contest in para. 26, where he said,
"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
Is jurisdiction simpliciter, forum non conveniens? (British Columbia, Canada)
Is there jurisdiction simpliciter? (British Columbia, Canada)
What is jurisdiction and what is the test for jurisdiction? (British Columbia, Canada)
What is the test for a motion or pleadings challenging jurisdiction simpliciter under Rule 14(6.4) of the Canadian Rules of Attornment? (British Columbia, Canada)
Does a domestic court have jurisdiction to consider fraud in the foreign jurisdiction? (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)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
Does jurisdiction simpliciter need to be established? (British Columbia, Canada)
What is the test for determining jurisdiction simpliciter? (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)
