This paper discusses jurisdiction considerations in litigation. It provides a background discussion on determining jurisdiction, including the real and substantial connection test and other factors considered by the court. It also reviews civil litigation procedural differences between Canada and the United States, including terminology, service of documents, letters rogatory, discovery rules, security for costs, undertakings, trials, and courtroom etiquette. Additionally, procedural differences between Alberta and other Canadian provinces, particularly Ontario and British Columbia, are also highlighted. Issues discussed include starting and defending a claim, special litigation rules, Ontario Simplified Procedure, mediation, service deadlines, disclosure and discovery, and costs.
This paper is part of a collection presented at LESA’s Managing a Litigation Practice program held in Edmonton on November 24, 2016 and in Calgary on December 1, 2016.