What is the legal test for procedural issues in a civil action brought by a plaintiff in Canada?
Saskatchewan, Canada
The following excerpt is from Chrysler Financial Canada v. Morris, 2009 SKQB 510 (CanLII):
As stated, procedural matters are determined by lex fori, namely the law of the province in which the action is brought. Courts always apply the procedural rules of the lex fori, even though the substantive issues are governed by the foreign law. The concept of procedure refers to the “rule of proceeding by which a legal right is enforced as distinguished from the law which gives or defines the right, and by which means of the proceeding the court is to administer”. Pouper v. Minors (1881) 7 QB 7329 at 333.
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