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At 01 March 2019, after just over one year's medical leave,
Simon's law practice will re-open. Whoo-hoo ....!
- 12 February 2019

THE LATEST WORD

(what's this?)

Attornment

1. General
2. Attornment
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1. General

Attornment is a jurisdictional concept. One speaks of someone 'attorning' to the jurisdiction of a tribunal (the term as used here includes a court), typically the tribunal's geographical jurisdiction, by continuing to participate in the procedure of the tribunal after commencement (typically, being served with a Statement of Claim).

2. Attornment

In Kunuthur v. Govindareddigari (Ont CA, 2018) the Court of Appeal succinctly states the essence of attornment:
(ii) Attornment

[18] A party attorns to a court’s jurisdiction when it goes beyond simply challenging the jurisdiction of that court and, instead, litigates a claim on the merits: see Van Damme v. Gelber, 2013 ONCA 388 (CanLII), 115 O.R. (3d) 470, at paras. 3, 24, leave to appeal refused, [2013] S.C.C.A. No. 342; and Wolfe v. Wyeth, 2011 ONCA 347 (CanLII), 282 O.A.C. 64, at para. 44.

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