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ARTICLE · 09 MAY 2023

Zoom Hearings: Just One Consideration When Assessing Jurisdiction

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Virtual hearings have become the new norm. Individuals from four corners of the world can be in the same courtroom with the click of a button. This raises the question...

CanadaLitigation, Mediation & Arbitration
Bevan Brooksbank
Bevan Brooksbank
Christine Muir
Christine Muir
Nadine Tawdy
Nadine Tawdy
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Virtual hearings have become the new norm. Individuals from four corners of the world can be in the same courtroom with the click of a button. This raises the question of the extent to which the physical location of a courtroom, and witnesses, may carry weight in forum non conveniens assessments going forward.

On Feb. 9, 2023, the Ontario Court of Appeal (OCA) released its decision in Black & McDonald Limited v. Eiffage Innovative Canada Inc., 2023 ONCA 91, in which it indicates that the physical location of a court and witnesses may remain a relevant consideration, even in light of virtual courts that witnesses may attend with the click of a button.

Background

The facts in Black & McDonald Limited arise out of a construction project in British Columbia.

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