Jurisdictional concerns must be raised promptly

BTR Global Opportunity Trading Limited v. RBC Dexia Investor Services Trust, 2011 ONCA 518 deals with the need to assert jurisdictional concerns promptly. The Court holds:

[8] As interpreted by this court, a strong reason includes inordinate delay in raising the jurisdictional issue: Mobile Mini Inc., at paras. 7-9; Momentous.Ca Corp. v. Canadian American Assn. of Professional Baseball Ltd. (2010), 103 O.R. (3d) 467 (C.A.), at paras. 41-42. It follows that we do not read the decision in Expedition Helicopters Inc. v. Honeywell Inc. (2010), 100 O.R. (3d) 241 (C.A.), as foreclosing consideration of factors other than those listed therein at para. 24. Factors pertaining to justice or reasonableness may be considered in deciding whether the forum selection clause should be enforced.