Jurisdiction and Proceedings

Jurisdiction of Civil Cases and its Proceedings

            Our client, Mr. Jones, should consider the possibility of having proceedings of any kind, that such would be held within the jurisdiction of the city the land in question is located.  Otherwise, in the presence of a contract, where they have signed and agreed upon it.  This is because, “A recent decision of Mr. Justice McEwan in B. A. Blacktop Ltd. v. Gencor Industries Inc., 2008 BCSC 231 reinforces the argument that exclusive jurisdiction can arise without an exclusive label.” (Renvoi: 2008) Otherwise, in the absence of the term “exclusive” in their contract, “Lessee irrevocably and unconditionally submits to the jurisdiction of and venue in, federal and provincial courts located in Nova Scotia, Canada for any proceeding arising under this Agreement, …” This clearly means that the contract would have to have the term exclusive in it or an implication of the parties’ acknowledgement to the jurisdiction of the city where the contract was signed.  This premise is further supported by the International Court of Justice which tackled that, “Only States may apply to and appear before the International Court of Justice. International organizations, other collectivities and private persons are not entitled to institute proceedings before the Court,” and, “The conditions of access of such States are, subject to the special provisions contained in treaties in force at the date of the entry into force of the Statute, to be determined by the Security Council, with the proviso that in no case shall such conditions place the parties in a position of inequality before the Court.” (International Court of Justice). This same premise forces the other party, regardless if they are citizens of another country, to think twice about pursuing the case in the international courts.

            What will basically transpire is that the party suing Mr. Jones, which is called the “plaintiff”(New York City Civil Court), will file a complaint and the plaintiff  will have to pay the court fees dependent on the cause of action which has the maximum limit of $25,000 (New York City Civil Court).  It is important to note, just so Mr. Jones would be prepared, that both the municipality and the owner of the adjacent property can join up and become “co-plaintiffs”. (New York City Civil Court) Once court fees are paid, summons will be issued through mail or personal/ or substitute delivery (New York City Civil Court) wherein the defendant (Mr. Jones, for example) will be required to attend court hearings until a judgment or a decision would be made.  This would be the time when the plaintiff or co-plaintiffs may seek an “inquest” or a hearing done for the purpose of determining the amount of damages due on a claim. (New York City Civil Court).

            These are the things that Mr. Jones may anticipate and with the skills and competency of the firm’s lawyers, I am confident of our client’s victory in this case.

References:

Renvoi: Lex Situs Conflictus (March 17, 2008). Exclusive and Concurrent Jurisdiction Clauses. Canadian Conflict of Laws Blawg. Retrieved on October 5, 2008 from http://renvoi.wordpress.com/2008/03/17/exclusive-and-concurrent-jurisidction-clauses/

International Court of Justice. Contentious Jurisdiction. Retrieved on October 5, 2008 from http://www.icj-cij.org/jurisdiction/index.php?p1=5&p2=1&PHPSESSID=4d00e6fd115ed61c30d67939472d70b5

New York City Civil Court. New York State Unified System. Retrieved on October 5, 2008 from http://www.courts.state.ny.us/courts/nyc/civil/starting.shtml