Notice of Application (Challenging 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. The CJPTA and the Civil Rules provide for applications to dismiss or stay litigation in British Columbia on grounds that: (i) the court lacks territorial competence, or jurisdiction at all (simpliciter), over the claims against the person bringing the application; and/or (ii) the court should decline to exercise its territorial competence over the claims against the person bringing the application because the court in another jurisdiction is a more appropriate forum to hear the matter under the doctrine of forum non conveniens. For more information on the procedure for ...