Greg Allen and Kaitlyn Meyer Successfully Defend Jurisdiction Application

Greg and Kaitlyn successfully defended an application by two of several defendants to have the claims against them dismissed or stayed on jurisdictional grounds.

The underlying action involves claims of misrepresentation, fraud and breach of contract arising from the plaintiffs’ investment in an energy drink company and a related farming business. The two defendants argued the claims surrounding the farming business were closely tied to Alberta and that a forum selection clause in an agreement between some of the parties favoured the jurisdiction of the Alberta courts. The BC Supreme Court disagreed, finding that the forum selection clause did not confer exclusive jurisdiction on the Alberta courts and that Alberta was not a clearly more appropriate forum for the claims against the two defendants. The Court also declined to order security for costs against the plaintiffs.

For more information on this case, visit 2023 BCSC 219. For more information on Allen / McMillan’s commercial litigation practice, please contact Greg at greg@amlc.ca or Kaitlyn at kaitlyn@amlc.ca.