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“Assumption of Jurisdiction – Supreme Court of Canada Simplifies its Test”

This article discusses the new analytical framework on assumption of jurisdiction in tort actions involving foreign defendants set by the Supreme Court of Canada in the three cases: Club Resorts Ltd v Van Breda 2012 SCC 17, [2012] 1 SCR 572; Editions Ecosociete Inc v Banro Corp 2012 SCC 18, [2012] 1 SCR 636 and Breeden v Black 2012 SCC 19, [2012] 1 SCR 666. The framework ensures that courts will have presumptive jurisdiction over multi-jurisdictional disputes concerning tort claims in cases where the tort was committed within the province. The clear separation and identification of the factors relevant for both the existence of jurisdiction over tort claims and the inquiry into the discretionary exercise of jurisdiction, provides useful comparative perspectives for New Zealand courts when dealing with multiple-jurisdictional tort claims.

Author
Maya Mandery
Published in
New Zealand Business Law Quarterly
Year
2013
Volume
19
Pages
75-82

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