Ontario Court of Appeal: Jurisdiction Simpliciter Established by Defendant’s Residence in Ontario and Attornment

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The Court of Appeal for Ontario in Zhang v. Hua Hai Li Steel Pipe Co. Ltd., 2013 ONCA 103 (CanLII), has reaffirmed that jurisdiction simpliciter is established by presence-based jurisdiction and consent-based jurisdiction (delivery of a Statement of Defence and other merit-based steps constitute attornment):

[5]         In our view, the appeal should be dismissed but for reasons different from those given by the motion judge.

[6]         This is not a jurisdictional case.  The respondents live and were served in Ontario and the Ontario courts accordingly have jurisdiction.  It is also significant that before the respondents brought the motion challenging the jurisdiction of the court, the appellants filed a statement of defence and took other steps in connection with the action.  Even if the appellants had not been served within Ontario, they have attorned to the jurisdiction.

[7]         The forum non conveniens issue is not relevant.

[8]         We see no merit in this appeal and it is therefore dismissed.

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