What is the test for a defence of fraud going to jurisdiction in a forum non conveniens hearing?
British Columbia, Canada
The following excerpt is from Lang v. Lapp, 2010 BCCA 517 (CanLII):
The case authority much discussed in counsels’ submissions before us, Beals v. Saldanha, did not concern an allegation of fraud going to jurisdiction. It was a decision on whether there was fraud going to the merits of the case. The court decided that before such a defence could succeed in a domestic court, the defendants had the obligation to adduce new and material facts that could not by the use of due diligence have been put before the foreign court (see Beals at para. 52). In my opinion, a similar requirement applies with respect to an allegation of fraud in a forum non conveniens hearing.
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