What is the test for admitting or denying a claim in an application challenging territorial competence?
British Columbia, Canada
The following excerpt is from Highline Mushrooms West Limited v 1895742 Alberta Ltd., 2021 BCSC 2464 (CanLII):
On an application challenging territorial competence, the court is required to accept the facts pleaded by the claimant as true: Cleeves at para. 93. The defendant is entitled to challenge the pleaded facts with evidence, but the plaintiff need only establish that there is a good arguable case that the pleaded facts can be proven: Ewert v. Hoegh Autoliners AS, 2020 BCCA 181 at para. 16.
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