The Court Jurisdiction and Proceedings Transfer Act

The Court Jurisdiction and Proceedings Transfer Act and The Enforcement of Canadian Judgments Act are based on legislation prepared by the Uniform Law Conference of Canada. These Acts displace jurisdiction established by service and, instead, implement uniform statutory rules by which courts establish jurisdiction over particular proceedings.

The Court Jurisdiction and Proceedings Transfer Act complements The Enforcement of Canadian Judgments Act by implementing a uniform set of standards for determining the jurisdiction of Canadian courts in a matter. It also provides that the Court of Queen's Bench may transfer litigation to a more appropriate forum, including courts outside Saskatchewan, if the receiving court accepts the transfer.

The Act recognizes territorial competence in a proceeding brought against a person where:

• the person is a plaintiff in another proceeding in the court to which the proceeding in question is a counterclaim;
• during the course of the proceeding, that person submits to the court's jurisdiction;
• the parties agree the court has jurisdiction;
• the person ordinarily lives in Saskatchewan at the time the proceedings commence; or
• there is a real and substantial connection between Saskatchewan and the facts on which the proceeding against that person is based.

In addition, the Act provides for the transfer by superior courts of all or part of a proceeding where the court to which the matter is being transferred is a more appropriate forum for the matter in question. Similarly, the Court of Queen's Bench is authorized to receive proceedings on the basis of a requested transfer from a court in another jurisdiction. The Act gives procedural guidelines on the steps to be followed to complete such a transfer and authorizes Rules of Court to be established governing these issues.

The Act will apply only to proceedings commenced after March 1, 2004, when the Act came into force.