Canada (Common Law Jurisdictions)
Abstract This chapter concerns the rules for declining jurisdiction as applied in the common law jurisdictions of Canada, that is, the twelve Canadian court systems whose law is derived from English law. These include the courts of the nine provinces other than Quebec, the courts of the Yukon and No...
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| Format: | Book Part |
| Language: | unknown |
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Oxford University PressOxford
1995
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| Online Access: | http://dx.doi.org/10.1093/oso/9780198259596.003.0005 https://academic.oup.com/book/chapter-pdf/52615852/isbn-9780198259596-book-part-5.pdf |
| Summary: | Abstract This chapter concerns the rules for declining jurisdiction as applied in the common law jurisdictions of Canada, that is, the twelve Canadian court systems whose law is derived from English law. These include the courts of the nine provinces other than Quebec, the courts of the Yukon and Northwest Territories, and the Federal Court of Canada. The rules for declining jurisdiction must be seen in the context of the rules determining when a court may take jurisdiction. As under English law (leaving aside the changes made by European Community law), the grounds for jurisdiction are implicit in the rules for service of process. In Canada these are contained in the rules of court of each province and territory, and the Federal Court Rules. The relevant provisions differ considerably from each other as well as from their English model. To begin with that model, the traditional English rules for actions in personam distinguish between service on a defendant who is present in the territory of the forum country, and service on a defendant who is outside the country (service ex juris). |
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