Background & purpose of the system 1 basic institutions, processes, and players 3

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Legal Process II (Farrow) - 2021 Winter

Once jurisdiction is established, if the D does not raise further objections, the litigation proceeds before the court or forum. The court cannot decline unless the defendant raises FNC

Even if it has jurisdiction, is ON forum non conveniens? Discretionary assessment by the court

Factors “might include”
- the locations of parties and witnesses
- the cost of transferring the case to another jurisdiction or of declining the stay
- the impact of a transfer on the conduct of the litigation or on related or parallel proceedings
- the possibility of conflicting judgments
- problems related to the recognition and enforcement of judgments
- the relative strengths of the connections of the two parties
Loss of juridical advantage may be a factor, but should be carefully and contextually considered (Van Breda, paras. 111-112)
- Governing law: “Differences should not be viewed instinctively as signs of disadvantage or inferiority.”
Alternate forum must be “clearly more appropriate”
- “The burden is on a party who seeks to depart from this normal state of affairs to show that, in

light of the characteristics of the alternative forum, it would be fairer and more efficient to do so”
General policy considerations: Balance regulation of foreign behaviour with impact of globalization on domestic courts

DISCOVERY

In short, basic process by which all relevant information and documents are exchanged between adverse parties to litigation
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