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Jurisdiction - Parties Can't Confer by Agreement. Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality)
In Adelaide Metcalfe (Township) v. Strathroy-Caradoc (Municipality) (Ont CA, 2025) the Ontario Court of Appeal allowed an appeal, here from a Divisional Court quashing order which "found that the Ontario Land Tribunal (the “Tribunal” or the “OLT”) erred in asserting jurisdiction over a dispute between" two municipalities.
Here the court comments on appeals of 'jurisdictional' issues:[13] .... Jurisdiction cannot be conferred by consent, nor by a party’s failure to raise the issue: J.N. v. Durham Regional Police Service, 2012 ONCA 428, 294 O.A.C. 56, at paras. 24-25. ... . 1819472 Ontario Corp. v. John Barrett General Contractors Limited
In 1819472 Ontario Corp. v. John Barrett General Contractors Limited (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal which challenged the dismissal of the defendant's summary judgment motion on limitation grounds.
Here the court notes that parties cannot confer jurisdiction on a court by their agreement:[21] ... Parties, of course, cannot confer jurisdiction if a court does not have it: J.N. v. Durham Regional Police Service, 2012 ONCA 428, 294 O.A.C. 56, at para. 25; 2650971 Ontario Inc. v. Shameti, 2022 ONCA 62, at para. 7. ...
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