Andrew Peller Ltd. v. Mori Essex Nurseries Inc.,

JurisdictionBritish Columbia
JudgeThe Honourable Madam Justice H. Holmes
Citation2017 BCSC 203
Date10 February 2017
CourtSupreme Court of British Columbia (Canada)
Docket NumberS145784

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7 practice notes
  • Cleeves v. The Warden and Fellows of St. Antony’s College in the University of Oxford,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 14, 2021
    ...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......
  • Nordmark v. Frykman,
    • Canada
    • Court of Appeal (British Columbia)
    • December 2, 2019
    ...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......
  • CHAPTER 6 Declining Jurisdiction
    • Canada
    • Irwin Books Conflict of Laws (Third Edition)
    • April 7, 2025
    ...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......
  • 2024 BCSC 391,
    • Canada
    • January 1, 2024
    ...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 ......
  • Get Started for Free
6 cases
  • Cleeves v. The Warden and Fellows of St. Antony’s College in the University of Oxford,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • April 14, 2021
    ...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......
  • Nordmark v. Frykman,
    • Canada
    • Court of Appeal (British Columbia)
    • December 2, 2019
    ...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......
  • 2024 BCSC 391,
    • Canada
    • January 1, 2024
    ...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 ......
  • Lam v Flo Health Inc.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • March 7, 2024
    ...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 ......
  • Get Started for Free
1 books & journal articles
  • CHAPTER 6 Declining Jurisdiction
    • Canada
    • Irwin Books Conflict of Laws (Third Edition)
    • April 7, 2025
    ...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......