Power Measurement Ltd. v. Ludlum, [2006] B.C.T.C. 157 (SC)
| Judge | Kelleher, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | February 08, 2006 |
| Jurisdiction | British Columbia |
| Citations | [2006] B.C.T.C. 157 (SC);2006 BCSC 157 |
Power Measurement Ltd. v. Ludlum, [2006] B.C.T.C. 157 (SC)
MLB headnote and full text
Temp. Cite: [2006] B.C.T.C. TBEd. MR.005
Power Measurement Ltd. and Power Measurement U.S.A., Inc. (plaintiffs) v. John Ludlum, Simon Ki and Simon Lightbody (defendants)
(S052971; 2006 BCSC 157)
Indexed As: Power Measurement Ltd. et al. v. Ludlum et al.
British Columbia Supreme Court
Vancouver
Kelleher, J.
February 8, 2006.
Summary:
This headnote contains no summary.
Conflict of Laws - Topic 603
Jurisdiction - General principles - Jurisdiction simpliciter - See paragraphs 16 to 95.
Conflict of Laws - Topic 7284
Contracts - Jurisdiction - Forum conveniens - See paragraphs 16 to 95.
Conflict of Laws - Topic 7601
Torts - Jurisdiction - Forum conveniens - See paragraphs 16 to 95.
Counsel:
Carman J. Overholt, Q.C., for the plaintiffs;
Murray Tevlin, for the defendant, Ludlum;
James P. Carwana, for the defendant, Ki.
This case was heard on December 7-9, 2005, before Kelleher, J., of the British Columbia Supreme Court, who delivered the following decision on February 8, 2006.
Please note: The following judgment has not been edited.
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Seidel v. Telus Communications Inc., 2008 BCSC 933
...be proven via expert evidence: Castel and Walker, Canadian Conflict of Laws (6th ed., 2007) at 7-1; Power Measurement Ltd. v. Ludlum , 2006 BCSC 157 ¶91, 33 C.P.C. (6th) 47; Dictionary of Canadian Law (3d ed., 2002); Pearson v. Boliden Ltd . , 2002 BCCA 624, 7 B.C.L.R. (4th) 245 (C.A.). The......
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MTU Maintenance Canada Ltd. v. Kuehne & Nagel International Ltd. et al., 2006 BCSC 1573
...sued in a foreign jurisdiction. [35] McNichol Estate was applied by Justice Kelleher in Power Measurement Ltd. et al. v. Ludlum et al. , 2006 BCSC 157. [36] In my view, Justice Goudge's reasons apply to the case before this court on this application. [37] The application is dismissed. The p......
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Beazley et al. v. Suzuki Motor Corp. et al., [2008] B.C.T.C. Uned. 992
...plaintiff has an obligation to lead sufficient evidence on that issue to show a good arguable case: Power Measurement Ltd. v. Ludlum , 2006 BCSC 157, 33 C.P.C. (6th) 47. [28] That is not the situation on this application. On this application, the issue is whether the pleadings disclose a ca......
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Stanway v. Wyeth Canada Inc. et al., 2008 BCSC 847
...The eight factors in Muscutt are not a "formula or checklist", but they are relevant in this analysis: Power Measurement Ltd. v. Ludlum , 2006 BCSC 157. 1. The connection between the forum and the plaintiff's claim. [83] There is no dispute that the plaintiff alleges that she suffered damag......
-
Seidel v. Telus Communications Inc., 2008 BCSC 933
...be proven via expert evidence: Castel and Walker, Canadian Conflict of Laws (6th ed., 2007) at 7-1; Power Measurement Ltd. v. Ludlum , 2006 BCSC 157 ¶91, 33 C.P.C. (6th) 47; Dictionary of Canadian Law (3d ed., 2002); Pearson v. Boliden Ltd . , 2002 BCCA 624, 7 B.C.L.R. (4th) 245 (C.A.). The......
-
MTU Maintenance Canada Ltd. v. Kuehne & Nagel International Ltd. et al., 2006 BCSC 1573
...sued in a foreign jurisdiction. [35] McNichol Estate was applied by Justice Kelleher in Power Measurement Ltd. et al. v. Ludlum et al. , 2006 BCSC 157. [36] In my view, Justice Goudge's reasons apply to the case before this court on this application. [37] The application is dismissed. The p......
-
Beazley et al. v. Suzuki Motor Corp. et al., [2008] B.C.T.C. Uned. 992
...plaintiff has an obligation to lead sufficient evidence on that issue to show a good arguable case: Power Measurement Ltd. v. Ludlum , 2006 BCSC 157, 33 C.P.C. (6th) 47. [28] That is not the situation on this application. On this application, the issue is whether the pleadings disclose a ca......
-
Stanway v. Wyeth Canada Inc. et al., 2008 BCSC 847
...The eight factors in Muscutt are not a "formula or checklist", but they are relevant in this analysis: Power Measurement Ltd. v. Ludlum , 2006 BCSC 157. 1. The connection between the forum and the plaintiff's claim. [83] There is no dispute that the plaintiff alleges that she suffered damag......