Assuming Jurisdiction In Contract Claims: Diverging Approaches Of Canadian Courts

An Alberta court decision this June directly disagreed with recent Ontario decisions regarding the appropriate factors to consider when a non-resident defendant challenges the jurisdiction of a Canadian court in a contract dispute.

In Bansal v Ferrara Pan Candy Co.,¹  Madam Justice Veit of Alberta's Court of Queen's Bench sheds light on appropriate factors to consider when a party challenges the jurisdiction of a Canadian court in a contract dispute. This decision also provides guidance regarding what steps by a defendant prior to a challenge can constitute submission to the jurisdiction so as to preclude a successful challenge.

In Ferrara Pan Candy, the Alberta judge directly disagreed with two recent Ontario Superior Court of Justice decisions  that seem to suggest an expanded set of factors may connect a contract dispute and the court's jurisdiction. Staying true to the Supreme Court of Canada's leading decision in Club Resorts Ltd. v Van Breda,² the Alberta