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.
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