O'Brien v. Simard, 2006 BCSC 814
| Judge | Preston, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | Thursday April 13, 2006 |
| Jurisdiction | British Columbia |
| Citations | 2006 BCSC 814;[2006] B.C.T.C. 814 (SC) |
O'Brien v. Simard, [2006] B.C.T.C. 814 (SC)
MLB headnote and full text
Temp. Cite: [2006] B.C.T.C. TBEd. JN.013
Thomas Gerald O'Brien (plaintiff) v. Janet Ann Simard (defendant)
(S053008; 2006 BCSC 814)
Indexed As: O'Brien v. Simard
British Columbia Supreme Court
Vancouver
Preston, J.
May 19, 2006.
Summary:
This headnote contains no summary.
Conflict of Laws - Topic 646
Jurisdiction - Submission to jurisdiction - Effect of - See paragraphs 1 to 25.
Counsel:
Heather L. Jones, for the plaintiff;
Gerhard A. Pyper, for the defendant.
This application was heard on April 13, 2006, by Preston, J., of the British Columbia Supreme Court, who delivered the following decision on May 19, 2006.
Please Note: The following judgment has not been edited.
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeUnlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Unlock full access with a free 7-day trial
Transform your legal research with vLex
-
Complete access to the largest collection of common law case law on one platform
-
Generate AI case summaries that instantly highlight key legal issues
-
Advanced search capabilities with precise filtering and sorting options
-
Comprehensive legal content with documents across 100+ jurisdictions
-
Trusted by 2 million professionals including top global firms
-
Access AI-Powered Research with Vincent AI: Natural language queries with verified citations
Start Your 7-day Trial
17 practice notes
-
Nordmark v. Frykman, 2019 BCCA 433
...120 [O’Brien (C.A.)], in which a judge of this Court dismissed an application for leave to appeal the decision in O’Brien v. Simard, 2006 BCSC 814, 55 B.C.L.R. (4th) 384 [O’Brien (S.C.)], refusing Ms. Simard’s forum non conveniens application on the basis of [22] The chambers judge went on ......
-
Forum Non Conveniens
...this logic, the position in British Columbia has been that a de fendant who attorns cannot seek a stay of proceedings: O’Brien v Simard, 2006 BCSC 814. This may be changing: see Blazek v Blazek, 2010 BCCA Egbert v Short, [1907] 2 Ch 205; St Pierre v South American Stores Ltd, [1936] 1 KB 38......
-
Ackerman v. Saskatchewan Association of Health Organizations, (2007) 295 Sask.R. 70 (QB)
... (2003), 241 Sask.R. 97 ; 2003 SKCA 60 , refd to. [para. 22]. O'Brien v. Simard, [2006] B.C.T.C. 814 ; 55 B.C.L.R.(4th) 384 ; 2006 BCSC 814, affd. (2006), 230 B.C.A.C. 120 ; 380 W.A.C. 120 ; 2006 BCCA 410 , refd to. [para. Han et al. v. Cho et al., [2007] B.C.T.C. C74; 2006 BCSC 1623......
-
Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203
...Court indicates that a party who has attorned to the jurisdiction is precluded from arguing forum non conveniens. See O’Brien v. Simard, 2006 BCSC 814, leave to appeal ref’d 2006 BCCA 410; McIntyre v. Richardson Estate, 2012 BCSC 1347 at para. 57; Ngo v. Go, 2006 BCSC 71 at paras. 41, 53, C......
Get Started for Free
16 cases
-
Nordmark v. Frykman,
...120 [O’Brien (C.A.)], in which a judge of this Court dismissed an application for leave to appeal the decision in O’Brien v. Simard, 2006 BCSC 814, 55 B.C.L.R. (4th) 384 [O’Brien (S.C.)], refusing Ms. Simard’s forum non conveniens application on the basis of [22] The chambers judge went on ......
-
Ackerman v. Saskatchewan Association of Health Organizations,
... (2003), 241 Sask.R. 97 ; 2003 SKCA 60 , refd to. [para. 22]. O'Brien v. Simard, [2006] B.C.T.C. 814 ; 55 B.C.L.R.(4th) 384 ; 2006 BCSC 814, affd. (2006), 230 B.C.A.C. 120 ; 380 W.A.C. 120 ; 2006 BCCA 410 , refd to. [para. Han et al. v. Cho et al., [2007] B.C.T.C. C74; 2006 BCSC 1623......
-
Andrew Peller Ltd. v. Mori Essex Nurseries Inc.,
...Court indicates that a party who has attorned to the jurisdiction is precluded from arguing forum non conveniens. See O’Brien v. Simard, 2006 BCSC 814, leave to appeal ref’d 2006 BCCA 410; McIntyre v. Richardson Estate, 2012 BCSC 1347 at para. 57; Ngo v. Go, 2006 BCSC 71 at paras. 41, 53, C......
-
Schwarzinger et al. v. Bramwell et al.,
...jurisdiction simpliciter, and thus they have attorned to the jurisdiction of this court. The plaintiffs rely on O'Brien v. Simard, 2006 BCSC 814, leave to appeal ref'd, 2006 BCCA 410. [25] The Bramwell Defendants rely on Rule 14 and Borgstrom v. Korean Air Lines Co., 2007 BCCA 263. [26] Sec......
Get Started for Free
1 books & journal articles
-
Forum Non Conveniens
...this logic, the position in British Columbia has been that a de fendant who attorns cannot seek a stay of proceedings: O’Brien v Simard, 2006 BCSC 814. This may be changing: see Blazek v Blazek, 2010 BCCA Egbert v Short, [1907] 2 Ch 205; St Pierre v South American Stores Ltd, [1936] 1 KB 38......