Andrew Peller Ltd. v. Mori Essex Nurseries Inc.
| Jurisdiction | British Columbia |
| Court | Supreme Court of British Columbia (Canada) |
| Judge | The Honourable Madam Justice H. Holmes |
| Citation | 2017 BCSC 203 |
| Docket Number | S145784 |
| Date | 10 February 2017 |
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7 practice notes
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Cleeves v. The Warden and Fellows of St. Antony’s College in the University of Oxford
...in that it “would be fairer and more efficient” for disposing of the litigation: Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 30. In Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 at para. 52 the Court ...This threshold......
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CHAPTER 6 Declining Jurisdiction
...held that a defendant who attorns cannot seek a stay of proceedings: O’Brien v Simard, 2006 BCSC 814; Andrew Peller Ltd v Mori Vines Inc, 2017 BCSC 203 at para 20. This view came under fire (see Blazek v Blazek, 2010 BCCA 188) before eventually being rejected (see Nordmark (Litigation guard......
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Nordmark v. Frykman
...was treated as binding in McIntyre v. Richardson Estate, 2012 BCSC 1347 at para. 58, and Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 20, 97 C.P.C. (7th) 271. In addition, I note that judges of the Supreme Court have referred to O’Brien (S.C.) as having been “uphe......
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Lam v Flo Health Inc.
...to the jurisdiction of British Columbia, Flo is precluded from later arguing forum non conveniens: Andrew Peller Ltd. v. Mon Vines Inc., 2017 BCSC 203 at paras. 35 Flo says they may, at the common issues trial, argue that foreign law applies, as set out in Part 3 of their response to civil ......
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5 cases
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Nordmark v. Frykman
...was treated as binding in McIntyre v. Richardson Estate, 2012 BCSC 1347 at para. 58, and Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 20, 97 C.P.C. (7th) 271. In addition, I note that judges of the Supreme Court have referred to O’Brien (S.C.) as having been “uphe......
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Cleeves v. The Warden and Fellows of St. Antony’s College in the University of Oxford
...in that it “would be fairer and more efficient” for disposing of the litigation: Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 30. In Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 at para. 52 the Court ...This threshold......
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Rotor Maxx Support Limited v. Air Palace Co. Ltd.
...fairer and more efficient” for disposing of the litigation: Club Resorts at para. 109; Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 30, citing Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 at para. 52; Olney v. Rainvil......
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Atom Holdings (Re)
...for disposing of the litigation: Club Resorts at para. 109; Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 at para. 30, citing Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP, 2016 SCC 30 at para.&nb......
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1 books & journal articles
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CHAPTER 6 Declining Jurisdiction
...held that a defendant who attorns cannot seek a stay of proceedings: O’Brien v Simard, 2006 BCSC 814; Andrew Peller Ltd v Mori Vines Inc, 2017 BCSC 203 at para 20. This view came under fire (see Blazek v Blazek, 2010 BCCA 188) before eventually being rejected (see Nordmark (Litigation guard......
