Wednesday, July 2, 2014

Refusal to dismiss or stay action for lack of jurisdiction is a final order

Hopkins v. Kay, 2014 ONCA 514:

[9]          In my view, the refusal to dismiss or stay the action based on lack of jurisdiction was a final order. See Manos Foods International Inc. v. Coca-Cola Ltd., [1999] O.J. No. 3623 (C.A.), and Abbott et al. v. Collins et al. (2002), 62 O.R. (3d) 99 (C.A.). Where, as here, the effect of the order is that the action is going to proceed in the Superior Court, the consequence is that the defendant is precluded from continuing to dispute the court's jurisdiction over the subject matter of the action. The order therefore is final on the jurisdiction question.

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