What is the test for determining the appropriate forum for settlement of a claim in a personal injury matter?
British Columbia, Canada
The following excerpt is from Westmoreland v. Gorman, 2003 BCSC 447 (CanLII):
Blanco-Arriba v. British Columbia (2001), 96 B.C.L.R. (3d) 183, 2001 BCSC 1557 per L. Smith J. at ¶24: It is the essential character of the difference between the parties, not the legal framework in which the dispute is cast, which will be determinative of the appropriate forum for settlement of the issue.
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