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Civil Litigation - Striking Pleadings - No Jurisdiction [R21.01(3)(a)]. Skof v. Bordeleau
In Skof v. Bordeleau (Ont CA, 2020) the Court of Appeal sets out the test for R21.01(3)(a) [dismissal for lack of jurisdiction]:II: The test under r. 21.01(3)(a)
[7] Because the parties raise the issue, I will briefly address the appropriate test to be applied when deciding a motion under r. 21.01(3)(a) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194.
[8] The basic proposition applicable to r. 21.01(3)(a) can be stated fairly simply: either the Superior Court of Justice has jurisdiction over a claim or it does not. In deciding that issue, it must be remembered that the Superior Court of Justice, as a court of inherent jurisdiction, has jurisdiction over every conceivable claim unless (i) the claim does not disclose a reasonable cause of action or (ii) the jurisdiction has been removed by legislation or by an arbitral agreement: TeleZone Inc. v. Canada (Attorney General), 2008 ONCA 892, 94 O.R. (3d) 19, at para. 92, aff’d 2010 SCC 62, [2010] 3 S.C.R. 585.
[9] Some prior authorities have debated whether it is appropriate to use the “plain and obvious” test under r. 21.01(3)(a). I do not think it is helpful to further that debate. It is clear that, in order to find that the Superior Court of Justice does not have jurisdiction to entertain a claim, it must be “clear and unequivocal” that the jurisdiction has been ousted: TeleZone, at para. 92. ...
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