Case information

Private international law — Jurisdiction — Presumptive connecting factors — Evidentiary burden for determining whether a real and substantial connection exists for court to assume jurisdiction over foreign defendant with respect to an action alleging tort of conspiracy — Can there be a presumption of jurisdiction without evidence establishing a basis in fact that defendant’s actions pursuant to the conspiracy caused damages in the province — What factors and evidentiary burden apply to rebut a presumption of jurisdiction — Whether connection is real and substantial if it results from Canadian travelling to a foreign jurisdiction and being influenced by what foreign defendant did in the foreign jurisdiction or by increased demand for a product in Canada resulting from foreign defendant’s conduct in foreign jurisdiction — Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28, s. 10(g)

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Altria Group, Inc., an American corporation, was named as a co-defendant to a proposed class action advancing claims of conspiracy, negligence, unjust enrichment, civil fraud, and breaches of statutes. The claim alleges harm to plaintiffs in British Columbia from the design, advertising, marketing, and sale of an e-cigarette or vaping product. Altria Group, Inc. brought a motion for an order dismissing or staying the proceedings as against it on the basis it has no real and substantial connection with British Columbia that would give the Supreme Court of British Columbia jurisdiction over it. The Supreme Court of British Columbia dismissed the motion. The Court of Appeal dismissed an appeal.