What does the principle of forum non conveniens allow a court to do?

The principle of forum non conveniens allows a court to dismiss a case if it determines that there is another more appropriate forum available to resolve the dispute. This principle is based on the idea that it's not only the legal jurisdiction that matters but also which location is more suitable for the parties involved, considering factors such as convenience, the interests of justice, and the location of evidence and witnesses.

When a court applies forum non conveniens, it evaluates whether proceeding with the case in the current court would be burdensome to the parties or if there is a significantly better alternative location where the case can be fairly and efficiently tried. If the court finds that another jurisdiction is more appropriate, it can dismiss the case, allowing the plaintiff to pursue their claim in the more suitable forum. This promotes judicial efficiency and respects the convenience of the parties and witnesses involved in the litigation.

For instance, if a case involves parties from different provinces and the events leading to the case occurred in a particular location, a court may decide that it would be more appropriate to hear the case in that location rather than where one of the parties is situated. This principle is crucial in managing the caseload of courts and ensuring that cases are resolved in a manner that serves the interests of all parties