June 26, 2018
Hilton, Vauclair, Marcotte
Appeals from a judgment of the Superior Court granting a declinatory exception. Main appeal dismissed and incidental appeal allowed.
The trial judge found that the Superior Court had jurisdiction to hear the originating application in a succession matter because the testament at issue referred to “furniture in Canada”. He then declined jurisdiction under the doctrine of forum non conveniens in favour of the Italian courts.
The judge erred in finding that the Superior Court had jurisdiction. Indeed, in the absence of any evidence of the actual existence of property situated in Quebec, the second paragraph of art. 3153 of the Civil Code of Québec (CQLR, c. CCQ-1991) does not apply. Furthermore, none of the criteria in the first paragraph of that provision were met. The judge did not therefore have to consider the question of the appropriate forum. Had it been necessary to do so, however, the Court of Appeal would have reached the same conclusion as the trial judge, given the very tenuous link between the matter in dispute and Quebec.
*Summary by SOQUIJ
Text of the decision:
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