Supreme Court

Judge:

The Honourable Justice Mona M. Lynch

Heard:

August 28, 2017, in Bridgewater, Nova Scotia

Written Decision:

November 7, 2017

Subject:

Jurisdiction, Court Jurisdiction and Proceedings Transfer Act

Summary:

Probate of the estate of the deceased opened in Nova Scotia.  The estate started an action against the defendant for damages arising from the defendant acting as attorney pursuant to a power of attorney in dealing with the assets of the deceased.  Deceased had moved to Ontario a few years prior to his death.  Defendant sought a declaration that Nova Scotia did not have jurisdiction to hear the matter and that Ontario was the more appropriate forum.

Issues:

(1)         Does the Supreme Court of Nova Scotia have territorial competence over the Estate’s claim?

(2)         If the Supreme Court of Nova Scotia has territorial competence, should the court exercise its discretion to decline jurisdiction because Ontario is the more appropriate forum??

Result:

Nova Scotia has territorial competence both because the defendant attorned to the jurisdiction by filing a defence on the merits and there is a real and substantial connection.  The defendant did not discharge the burden to show that there was a more appropriate forum in which to hear the proceeding.  Motion dismissed.