In Thunderstruck Resources Ltd. v. Bonga Xploration Drilling Supplies Ltd., Joe Ensom successfully opposed an application by the defendants to stay or dismiss the plaintiffs’ BC action on jurisdictional grounds. The underlying claim, seeking damages for unjust enrichment, breach of contract, and defamation, involved events in Fiji, and the defendants had previously commenced legal proceedings against the plaintiffs in Fiji.
The Court accepted each of the arguments Joe advanced for the plaintiffs and dismissed the defendants’ application:
- The defendants had voluntarily attorned to the jurisdiction of the BC courts by filing a counterclaim in the BC action;
- The defendants were “ordinarily resident” in BC, and there was otherwise a “real and substantial connection” between the dispute and BC; and
- Despite the existence of proceedings in Fiji, the Courts of BC were the more appropriate forum for the hearing of the despite.
For more information, please contact Joe.