What is the juridical advantage factor?
Ontario, Canada
The following excerpt is from Yip v. HSBC Holdings plc, 2017 ONSC 5332 (CanLII):
Often the juridical advantage factor disappears, because the law of both jurisdictions is the same. However, a genuine juridical advantage treats the laws of the rival jurisdictions as different and hence subject to comparative analysis. If the choice of law issue does not disappear, it may skewer the forum non conveniens analysis. This is what may have occurred in Kaynes v. BP plc, supra discussed above and discussed further immediately below and again in the next section of my Reasons for Decision.
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