Motion: Challenge Jurisdiction (ON)

Summary

This practice note explores r. 21 and specifically r. 21.01(3) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 ("Rules"), which allows a motion challenging the jurisdiction of an Ontario court. This practice note is for use by parties (e.g., outside Ontario) who wish to argue that Ontario is not the appropriate jurisdiction for the hearing of an action brought in Ontario's Superior Court of Justice and, instead, another province's (or country's) court is clearly more appropriate. An example of when an alternative forum could be considered clearly more appropriate is when there is another proceeding pending in another jurisdiction between the same parties involving the same subject matter. This practice note reviews such topics as the applicable Rules on a motion to challenge jurisdiction, the legal standard to be met on such a motion and related motion practice.