文章基本信息

标题：A Tale of Two Fora: Fresh Challenges in Defending Multijurisdictional Claims
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作者：Walker, Janet
期刊名称：Osgoode Hall Law Journal
印刷版ISSN：0030-6185
出版年度：1995
卷号：33
期号：3
页码：549-582
出版社：Osgoode Hall Law School of York University
摘要：This article analyzes recent developments in the Canadian common law of forum non conveniens as it is invoked in applications for stays and injunctions. It reviews the findings of the Supreme Court of Canada in Amchem and the Court of Appeal for Ontario in Frymer as they relate to the onus in stay applications, the significance of the plaintiffs loss of advantage and the special considerations applying to injunctions. The possibility of rationalizing the interprovincial application of the doctrine brought about by the Supreme Court's recent choice of law ruling in Tolofson is considered as are specific examples of the combined effect these decisions may have in reshaping the approach to jurisdictional challenges in Canada.