Thursday, May 30, 2013

Level of scrutiny for jurisdiction motion

Ontario (Attorney General) v. Rothmans Inc., 2013 ONCA 353 deals with the jurisdiction of Ontario's courts. In deciding that issue the Court considered to what standard a potential plaintiff had to show an arguable case:

[106]  In our opinion, on a jurisdiction motion, the motion judge is not required to subject the pleadings to the scrutiny applicable on a rule 21 motion. So long as a statement of claim advances the core elements of a cause of action known to law and appears capable of being amended to cure any pleadings deficiencies such that the claim will have at least some prospect of success, the issue for the motion judge is whether the claimant has established a good arguable case that the cause of action is sufficiently connected to Ontario to permit an Ontario court to assume jurisdiction. If an Ontario court can assume jurisdiction, the issue of the adequacy of the pleadings is properly dealt with on a motion brought under rule 21.01(1)(b).

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