Can a superior court judge conduct a hearing in a location outside the province?
British Columbia, Canada
The following excerpt is from Endean v. British Columbia, 2014 BCCA 61 (CanLII):
Having found that there was no constitutional, statutory or binding common law authority that precludes a superior court judge from conducting a hearing in a location outside the province, Winkler C.J.O. found that the court’s inherent jurisdiction allowed the court to fashion procedures to facilitate the efficient and effective resolution of the issues encountered in implementing a pan-Canadian settlement agreement. In the course of his discussion he referred to Fontaine v. Canada (Attorney General), 2012 BCSC 839, [2012] B.C.J. No. 1154 [Fontaine], where the judges of the superior courts of Ontario, British Columbia, Québec, Alberta and Saskatchewan sat together in Calgary, Alberta in March 2007 to hear a motion for approval concerning the Indian Residential Schools class action settlement while the superior courts of Manitoba, Yukon, Northwest Territories and Nunavut were linked to the Alberta courtroom by telephone conference.
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