Cline v. Gymnastics Canada et al., 2025 BCSC 146 (“Cline”) is a recent decision arising from a pre-certification jurisdictional application brought by one of the defendants, Fédération de Gymnastique du Québec (the “Fédération”), in a proposed historical abuse class action commenced in British Columbia. The Fédération argued that the British Columbia Superior Court (“BCSC”) lacks territorial competence over the Fédération in relation to claims of its member gymnasts who do not allege they were abused in British Columbia (the “Ex Juris Fédération Gymnasts”).
The Court was not persuaded that the BCSC should take territorial jurisdiction over the claims of Ex Juris Fédération Gymnasts against a non-resident defendant, who does not carry on business in British Columbia. However, the Court did not make a final determination on the issue of territorial competence because of an incomplete evidentiary record. Since part of what was needed to determine territorial competence was decided, but not everything, the Court directed a bifurcated hearing by adjourning the application for the remaining grounds to be argued at the certification hearing.