Jordan v. Schatz, 2000 BCCA 409
This relevant injury case involves a resident of British Columbia injured in a motor vehicle accident in Alberta. The other driver , a resident of Saskatchewan, rear-ended the vehicle driven by the injury claimant. He was insured with Saskatchewan Government Insurance (“SGI”). The personal injury lawyers needed help from the court in understanding where the lawsuit should be filed. Check out my post on the top personal injury lawyers in British Columbia.
The injury claimant consulted a British Columbia personal injury lawyer who commenced a lawsuit in BC. Whether or not jurisdiction exists in BC is based on the application of the “real and substantial connection” test. Prowse J.A. in Cook v. Parcel, Mauro, Hultin & Spaanstra, P.C. (1997), 143 D.L.R. (4th) 213 (B.C.C.A.) states the test as follows, at p. 219:
“It is common ground that the test to be applied in determining whether the B.C. Supreme Court has jurisdiction over these proceedingsis whether there is a real and substantial connection between the court and either the (respondent firm) or the subject-matter of the litigation (occasionally referred to in the authorities as the “transaction” or the cause of action”). Jurisdiction founded on this basis is referred to as “jurisdiction simpliciter”.
There can be no real and substantial connection to British Columbia based on the bare residency of the Plaintiff[injury claimant] in the jurisdiction. There must be some other or further sufficient connecting factor or “contacts” to this province. Clear examples of connecting factors include the residency of the defendant in the jurisdiction or the fact that the tortious act was committed or damages suffered here.
The Court of Appeal allowed the appeal and set aside the orders below. This case has been followed by our court in Cameron v. Equineox Technologies Ltd., 2009 CarswellBC 436, 2009 BCSC 221. Check out my post about fighting your ICBC injury claim with a lawyer. Posted by Mr.Renn A. Holness
Issue: Should BC Injury Claimants be able to sue out of Province at fault drivers?
