What is the test for a motion or pleadings challenging jurisdiction simpliciter under Rule 14(6.4) of the Canadian Rules of Attornment?
British Columbia, Canada
The following excerpt is from Han et al. v. Cho et al., 2006 BCSC 1623 (CanLII):
In the case of O’Brien v. Simard, 2006 BCSC 814 (“O’Brien”), Preston J. stated at para. 23: . . . the protection from attornment under Rule 14(6.4) is only activated by a notice of motion or pleadings challenging jurisdiction simpliciter under Rule 14(6), not a challenge on the grounds of forum non conveniens under Rule 14(6.1).
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