Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act

Details and specs

The Court Jurisdiction and Proceedings Transfer Act (CJPTA) puts the important topic of the jurisdiction of Canadian provincial courts in civil and commercial cases on a clearer statutory footing. It is in force in British Columbia, Saskatchewan, and Nova Scotia. The approach to jurisdiction adopted under the CJPTA is different in several respects from the common law approach, and so provinces that have adopted it are undergoing a period of transition. One of the key issues for courts in applying the CJPTA is interpreting its provisions and explaining how they operate. Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act examines the growing body of cases and provides a comprehensive account of how the CJPTA is being interpreted and applied by the courts.

The chapters include:

• History and development
• Provincial implementation
• Definitions and scope
• Territorial competence submission and residence
• Territorial competence real and substantial connection
• Territorial competence residual discretion and other bases
• Discretion as to the exercise of territorial competence
• Transfer of proceedings
• Impact in other provinces

To support the analysis, the publication has credible appendices on:

• Uniform Court Jurisdiction and Proceedings Transfer Act
• Court Jurisdiction and Proceedings Transfer Act
• British Columbia Supreme Court Civil Rules
• An Act Respecting Court Jurisdiction and the Transfer of Court Proceedings
• Nova Scotia Civil Procedure Rules
• The Queens Bench Rule

The book also contains a consolidated index for easy reference.