Tuesday, June 23, 2009

Superior Court Jurisdiction

Today's decision in Sorbara v. Canada (Attorney General), 2009 ONCA 506, dealing with Tax Court of Canada jurisdiction has a useful re statement of the plenary jurisdiction of Superior Court:

 

 

[7]               We accept the principle put forward by the counsel.  A Superior Court has jurisdiction to entertain virtually any claim unless that jurisdiction is specifically, unequivocally and constitutionally removed by Parliament.  The motion judge also accepted this principle.

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