In what circumstances will the court decline jurisdiction on the basis of forum non conveniens?
Saskatchewan, Canada
The following excerpt is from Ackerman v. Saskatchewan Association of Health Organizations, 2007 SKQB 146 (CanLII):
In O’Brien v. Simard, 2006 BCSC 814; (2006), 55 B.C.L.R. (4th) 384 (B.C.S.C.) an application heard on April 13, 2006 and decided on May 19, 2006, the British Columbia Supreme Court was asked to decline jurisdiction over an action which involved the misappropriation by a resident of British Columbia of monies belonging to an uncle who resided in England on the basis of forum non conveniens. The defendant had filed a statement of defence and taken a number of steps in the action including delivery of a demand for discovery of documents among others. Under the applicable rules, a party had to apply within 30 days if he or she wished to contest the issue of jurisdiction simpliciter if it was not otherwise raised in a pleading. In that case, the defendant had not pleaded lack of jurisdiction in her statement of defence since she was a resident of the province. The court ruled that since jurisdiction simpliciter was not in issue and the defendant had not availed herself of the protection from attornment by making an application within 30 days, she was deemed to have attorned to the jurisdiction of the courts of British Columbia and could not thereafter seek to challenge jurisdiction on the discretionary ground of forum conveniens. In what is surely obiter, Preston J. went on to say (at para. 25): “The Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003 c. 28 which was proclaimed in force after the hearing of this application does not affect the result I have reached.”
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