Recently Max Hufton was asked to provide comment on the decision of the Dembroski v. Rhainds case. The article was published in the June 24th, 2011 edition of The Lawyers Weekly publication. The following was Max’s comment.
The decision makes clear that the Court Jurisdiction and Proceedings Transfer Act, the framework for the court to determine whether it has competence to hear a case, does not offer carte blanche to a plaintiff involved in a car accident to file suit where she lives regardless of where the accident occurred. Nothing in the Act changes the common law position that residence alone is insufficient to ground jurisdiction. The decision preempts the migration of lawsuits which should be brought in Alberta, which has legislation capping damages awards in certain personal injury cases, into British Columbia, where no cap applies. The decision upholds the long tradition of our courts of refusing to sanction forum shopping while simultaneously upholding the rule of law by respecting the right of Canadians to determine their own local political circumstances free from external encroachment.
To read the full article.
Max Hufton
Associate Lawyer in Insurance Law & Litigation
LK Law – Vancouver Office