What is the test for determining the appropriate forum for settlement of a personal injury matter?
British Columbia, Canada
The following excerpt is from Kovlaske v. Puri, 1998 CanLII 6103 (BC SC):
Similarly in New Brunswick v. O’Leary (supra) at page 611, McLachlin J. stated : ...Again, it must be underscored that it is the essential character of the difference between the parties, not the legal framework in which the dispute is cast, which will be determinative of the appropriate forum for settlement of the issue.
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