What is the test for determining jurisdiction simpliciter?

British Columbia, Canada


The following excerpt is from Robson v. Chrysler Canada Oshanek v. General Motors, 2001 BCSC 40 (CanLII):

Ordinarily, the determination of jurisdiction simpliciter is an “intellectual exercise” based on the pleadings. However, in tenuous cases the court may also consider affidavit evidence: Furlan v. Shell Oil Co., supra, at para. 16. Here, representatives of each of the American defendants have filed affidavits and the parties are in agreement that I may consider these in addition to the facts alleged in the Statements of Claim.

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