What is the test for applying rule 17.02?
Prince Edward Island, Canada
The following excerpt is from True North v. HZPC Americas, 2004 PESCTD 81 (CanLII):
This ruling was distinguished by Matheson J. (as she then was) in Polar Foods v. Jensen where she upheld the application of rule 17.02 through a balancing of the relevant factors to determine which jurisdiction was the most appropriate. Justice Matheson ruled that there is a strong presumption in favour of the plaintiff’s choice of forum that can only be displaced by a balancing of the relevant factors that bodes strongly in favour of the defendant.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for extending the limitation period for applying for an application to extend the time limit for application? (Prince Edward Island, Canada)
Does the phrase “legally entitled to recover” apply to motor vehicle insurance policies? (Prince Edward Island, Canada)
Can a motion judge apply a principle of law or a purely legal question? (Prince Edward Island, Canada)
What is the impact of the Sweda decision on a summary judgment motion? (Prince Edward Island, Canada)
Can a surety claim against the principal debtor in a personal injury case? (Prince Edward Island, Canada)
What is the test for a jury in a sexual assault case? (Prince Edward Island, Canada)
What is the standard of review in a custody matter? (Prince Edward Island, Canada)
What is the impact of Health PEI's use of Part IV of the Public Health Act? (Prince Edward Island, Canada)
Is a patient's communications with his doctor confidential? (Prince Edward Island, Canada)
What is the standard of review for a motion? (Prince Edward Island, Canada)
