What is the test for overriding a plaintiff’s right to sue in a superior court?
British Columbia, Canada
The following excerpt is from A.K.B. v. A.D.W., 2021 BCPC 182 (CanLII):
In civil proceedings in the superior courts, the general rule is that the plaintiff has the right to choose the forum, and that the court may over-ride the plaintiff’s choice only if the defendant can demonstrate an “… overwhelming preponderance of convenience shown by the defendant which ousts the right of the plaintiff …”: McDonald v. Dawson [1904] OJ No. 42; Long v Shields 2020 BCSC 1162; [2020] BCJ No. 1226.
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