Background:
VM Agritech Limited v. Alan Gilbert Smith involved a cross-border debt dispute. VM Agritech Limited (a U.K. company) allegedly failed to pay $24,155.91 in legal fees to Cassels Brock law firm for services related to a planned share exchange with Voice Mobility International Inc. Alan Gilbert Smith, a Vancouver resident and Voice Mobility shareholder, claimed the debt after settling part of it.

Jurisdictional Challenge:
The British Columbia Court of Appeal analyzed jurisdiction under the Court Jurisdiction and Proceedings Transfer Act (CJPTA), which requires a “real and substantial connection” with British Columbia. Smith argued that his Vancouver residency, the location of legal services, and contractual ties linked the case to British Columbia. VM Agritech disputed these claims, asserting insufficient connection and improper service procedures.

Attornment and Procedural Issues:
VM Agritech argued it had not “attorned” (submitted) to British Columbia’s jurisdiction since it only challenged the court’s authority. However, the court found that filing the application without the procedural protections of Rule 21-8 constituted attornment.

Outcome and Costs:
The Court upheld the lower court’s decision, finding British Columbia had jurisdiction based on substantial connections and that VM Agritech had attorned. Smith was awarded $24,155.91 plus interest, as well as costs related to upholding the jurisdictional challenge and subsequent appeals, solidifying his right to enforce the debt within British Columbia.