Published In

University of British Columbia Law Review

Document Type

Article

Publication Date

2006

Subjects

British Columbia; The Court Jurisdiction and Proceedings Transfer Act; The Enforcement of Canadian Judgments; Decrees Act

Abstract

Enacted in 2003, The Court Jurisdiction and Proceedings Transfer Act' and The Enforcement of Canadian Judgments and Decrees Act were finally proclaimed in force as of 4 May 2006. Both are modeled closely on statutes drafted by the Uniform Law Conference of Canada (ULCC); the commentary that accompanies the uniform statutes will undoubtedly prove very useful in interpreting and applying the British Columbia statutes. Some other provinces have also enacted one or both of these statutes and the case law generated in those jurisdictions will also be of assistance. The ULCC intended the statutes to be complementary. The generous recognition provisions of the Enforcement Act are premised on the rationalization of jurisdiction to be attained through national adoption of the Court Jurisdiction Act. The Enforcement Act is the shorter and apparently the simpler of the two new statutes, but it actually makes quite significant changes to the common law rules. It remains to be seen whether the Court Jurisdiction Act will be effective in simplifying jurisdictional issues and facilitating the easy, economical, and efficient relocation of actions to more appropriate fora. Both statutes are intended to incorporate and implement the constitutional principles enunciated in Morguard Investments v. De Savoye and subsequent Supreme Court of Canada decisions.

Included in

Courts Commons

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