Power Measurement Ltd. v. Ludlum, [2006] B.C.T.C. 157 (SC)

JudgeKelleher, J.
CourtSupreme Court of British Columbia (Canada)
Case DateFebruary 08, 2006
JurisdictionBritish 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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5 practice notes
  • Seidel v. Telus Communications Inc., 2008 BCSC 933
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2008
    ...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
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 24, 2006
    ...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
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 3, 2008
    ...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
    • Canada
    • June 27, 2008
    ...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......
  • Request a trial to view additional results
5 cases
  • Seidel v. Telus Communications Inc., 2008 BCSC 933
    • Canada
    • Supreme Court of British Columbia (Canada)
    • July 16, 2008
    ...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
    • Canada
    • Supreme Court of British Columbia (Canada)
    • October 24, 2006
    ...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
    • Canada
    • Supreme Court of British Columbia (Canada)
    • January 3, 2008
    ...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
    • Canada
    • June 27, 2008
    ...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......
  • Request a trial to view additional results

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