What is the test for applying rule 17.02?
Prince Edward Island, Canada
The following excerpt is from True North v. HZPC Americas, 2004 PESCTD 81 (CanLII):
This ruling was distinguished by Matheson J. (as she then was) in Polar Foods v. Jensen where she upheld the application of rule 17.02 through a balancing of the relevant factors to determine which jurisdiction was the most appropriate. Justice Matheson ruled that there is a strong presumption in favour of the plaintiff’s choice of forum that can only be displaced by a balancing of the relevant factors that bodes strongly in favour of the defendant.
"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
What is the test for extending the limitation period for applying for an application to extend the time limit for application? (Prince Edward Island, Canada)
Does the phrase “legally entitled to recover” apply to motor vehicle insurance policies? (Prince Edward Island, Canada)
Can a motion judge apply a principle of law or a purely legal question? (Prince Edward Island, Canada)
What is the test for liberal construction in discovery rules? (Prince Edward Island, Canada)
How have costs been apportioned in motor vehicle accident cases? (Prince Edward Island, Canada)
What is the test for unequal division of net family property under s-s. 6(6) of the Divorce Act? (Prince Edward Island, Canada)
Can a surety claim against the principal debtor in a personal injury case? (Prince Edward Island, Canada)
What is the current state of the law on mobility issues in Canada? (Prince Edward Island, Canada)
What is the difference between the statements of Justice Wilson and Justice Chouinard in the context of Divorce and Social Security? (Prince Edward Island, Canada)
What is the legal test for removing snow and ice from a catch basin? (Prince Edward Island, Canada)
