Traduction de «Règle de compétence du domicile du demandeur » (Français → Anglais) :

2. As against such a defendant, any person domiciled in a Member State may, whatever his nationality, avail himself in that Member State of the rules of national jurisdiction there in force, and in particular those notified by the Member States to the Commission in accordance with point (a) of Article 88(1), in the same way as nationals of that Member State.

That report shall include an evaluation of the possible need for a further extension of the rules on jurisdiction to defendants not domiciled in a Member State, taking into account the operation of this Regulation and possible developments at international level.

If a third-country national has applied for asylum in a Member State which, according to Regulation No 343/2003, is not primarily responsible for examining that application, the regulation sets out mechanisms for the transfer of the asylum seeker to the responsible Member State. In addition, the regulation accords Member States the right, by way of derogation from the normal rules governing responsibility, to take on, in place of the Member State having primary responsibility, the examination of an asylum application which has been lodged in their territory .

In conclusion, I urge all my colleagues to support Bill S-33, which would give effect to the Montreal convention in Canada and would, as a result, rework and modernize the rules of the Warsaw convention, provide for unlimited liability and establish new rules of jurisdiction allowing passengers to choose their own local system of law when making claims.

To allow the consignee to bring the actual maritime carrier before the courts for the place of final delivery or before those for the place where the damage was ascertained would in most cases mean attributing jurisdiction to the courts for the place of the plaintiff's domicile, whereas the authors of the Convention demonstrated their opposition to such attribution of jurisdiction otherwise than in the cases for which it expressly provides.

In addition, clause 4(2) of the JVTA provides that courts may hear and determine the cause of action referred to in clause 4(1) only if the action “has a real and substantial connection to Canada” (i.e., the victim is Canadian, the defendant is Canadian, the harm occurred in Canada or on a vessel or aircraft in Canada, and so forth) (11) In addition, clause 4(4) of the JVTA says that courts may refuse to hear a claim made under clause 4(1) in cases where the claim has been made against a foreign state, the loss or damage to the plaintiff occurred in that state, and the plaintiff did not give the foreign state “a reasonable opportunity to submit the dispute to arbitration in accordance with accepted inte ...[+++]rnational rules of arbitration” (12)