What is the test for exercising residual jurisdiction in a third party claim?
British Columbia, Canada
The following excerpt is from Sekela v. Cordos, 2015 BCSC 732 (CanLII):
The plaintiff argues the court should exercise its residual discretion as a forum of last resort. The plaintiff relies on Josephson v. Balfour Recreation Commission, 2010 BCSC 603, submitting that it stands for the proposition that the court can exercise discretion to hear a third party claim where the only practical approach is to have all matters related to the cause of the plaintiff’s injuries heard together.
"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
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
Can a strata corporation add additional parties to its counterclaim and a third party claim? (British Columbia, Canada)
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Is a third party responsible for the costs of a plaintiff who alleges that one of the third parties has failed to draft specifications to clearly state that certain fireproofing is to be asbestos-free? (British Columbia, Canada)
Is a third party notice seeking contribution and indemnity from third party religious orders that were responsible for supervision and operation of residential schools? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a party recover additional expert opinions from a third party? (British Columbia, Canada)
Can a third party be added to a claim for subrogated rights? (British Columbia, Canada)
Does the CRT have jurisdiction under its strata property jurisdiction to decide tort claims such as inducing breach of contract? (British Columbia, Canada)
