FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 508 times | Saved to 343 briefcases
Muscutt v Courcelles (2002), 60 OR (3d) 20 (CA)

Facts:

Lived ON, hurt in AB, returned to ON for treatment. Would have continued living in AB but for the accident

Ratio:

Flexible and Fact-Specific test for establishing jurisdiction of the court:
1. Connection between the forum and Ps claim
2. Connection between forum and D
3. Unfairness to D in assuming jurisdiction
4. Unfairness to P in not assuming jurisdiction
5. Involvement of other parties to the suit
6. Courts willingness to recognize and enforce an extra-prov judgment rendered on the same jurisdictional basis
7. Whether the cases in interprov or international in nature
8. Comity and the standards of jurisdiction, recognition, and enforcement prevailing elsewhere


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.