The following excerpt is from Vercaigne Farms Ltd. v. ET Works, L.L.C. et al, 2013 MBQB 301 (CanLII):
As to what constitute “special circumstances”, it is apparent from Miller v. Jaguar Canada at paras 13 to 15, that a determination of this issue will depend on a consideration of the specific facts underpinning the case, and whether they justify the exercise of the court’s jurisdiction in favour of the moving party.
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