What is the test for a balance of convenience?
British Columbia, Canada
The following excerpt is from Encorp Pacific (Canada) v. Rocky Mountain Return Centre Ltd. et al, 2005 BCSC 1700 (CanLII):
The factors to be considered in assessing the balance of convenience are discussed in Netolitzky v. Barclay, [2002] B.C.J. No. 1796 (B.C.S.C.) at para. 22. These factors include: (a) the nature of the transaction giving rise to the cause of action; (b) enforcement measures available in B.C.; (c) the amount of the claim; (d) the history of the defendant’s conduct; (e) the relative strengths of the parties’ cases; and (f) evidence of irreparable harm either way.
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