Where: Jurisdiction

Question 1

What are the concepts when considering whether a court has jurisdiction?

Answer 1

Juris Simpliciter and Forums Non Conveniens

Question 2

What are the facts of Garcia v Tahoe

Answer 2

Tahoe was a BC registered company that operated a mine in guatemala, its security guards opened fire on protesters.

Question 3

What is the issue in Garcia v Tahoe

Answer 3

Forum Non Conveniences, would it be more appropriate for the criminal proceeding to be heard in Guatemala?

Question 4

What are three factors that the BCCA considered in Gacia?

Answer 4

Limitation Period, Discovery Process and Risk of Unfairness

Question 5

How is the test of unfairness weighed?

Answer 5

All the factors are weighed together in one stage, with the onus on the Defendant to show that an alternate method would be more efficient and fair.

Question 6

How is the test of unfairness weighed?

Answer 6

All the factors are weighed together in one stage, with the onus on the Defendant to show that an alternate method would be more efficient and fair.

Question 7

What is a juridical advantage?

Answer 7

Benefit that one party has because they are applying for a proceeding in another jurisdiction.

Question 8

What are the facts of Douez v FB

Question 9

What is the issue in Douez v FB

Question 10

What is unique about the Douez v FB case in terms or jurisdiction?

Answer 10

It was related to parties agreeing on jurisdiction based on accepting a forum selection clause