Notice of Application (Challenge Court Jurisdiction) (BC)

Summary

This precedent is a standard Notice of Application brought under the British Columbia Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28 ("CJPTA"); and r. 21-8 of the Supreme Court Civil Rules, B.C. Reg. 168/2009 ("Civil Rules"), for an order to dismiss or stay proceedings in British Columbia on jurisdictional grounds. This precedent includes practical guidance, drafting notes and optional clauses. An application to the court may be brought by Notice of Application (Form 32) (BC). The form of the notice of application is prescribed by r. 8-1(4) of the Civil Rules and should include the following: (1) the date, place, and time of the hearing; (2) the order(s) sought; (3) the factual basis on which the application is sought; (4) the legal basis on which the application is sought; (5) the material to be relied on; (6) the time estimate; and (7) data collection information. The CJPTA and the Civil Rules provide for applications to dismiss or stay litigation in British ...