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Is Ontario the "Forum Conveniens" for a Lawsuit?
The latin expression “forum conveniens” simply means “convenient forum”. It is to be distinguished from the expression “forum non conveniens”, or the inconvenient forum.
The Court gets to make this decision at the outset of every case. The first question the Judge will ask is “do I have jurisdiction?” In many situations, the case is a good one, it’s just be brought in the wrong court. So, this question must be resolved first. The second question, assuming that we have a proper court, is the geographic and jurisdictional determination.
This involves both international legal issues and internal legal issues.
Let’s assume that two people got married in Australia while studying at university. The husband came from England, the wife came from France and they moved to New York City where they resided for two years. They had a child then separated. The husband now lives in Toronto and the wife moved to Miami where she resides with the child.
They get along reasonably well and wish to resolve some of their outstanding issues in terms of custody, financial support and ownership of their assets. As you can probably imagine, the issues are complex.
However, so is the issue of figuring out which court should make the decisions? Can ... more

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