Does the majority opinion in the Supreme Court of Canada say that a trial court lacks subject matter jurisdiction pending an appeal?

California, United States of America


The following excerpt is from Varian Medical Systems, Inc. v. Delfino, 106 P.3d 958, 25 Cal.Rptr.3d 298, 35 Cal.4th 180 (Cal. 2005):

Cases cited in the majority opinion contain language indicating that a trial court lacks subject matter jurisdiction pending an appeal, but most of these cases were decided in the procedural context of a petition that sought an extraordinary writ to prohibit the trial court from conducting further proceedings pending an appeal. (See maj. opn., ante, 25 Cal.Rptr.3d at pp. 311-312 & fn. 9, 106 P.3d at pp. 969-970 & fn. 9.) But, as this court has observed, the term "jurisdiction," which is used in a variety of situations, "has so many different meanings that no single statement can be entirely satisfactory as a definition." (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 287, 109 P.2d 942.) Most of the cases relied upon by the majority employ the language of fundamental jurisdiction but were decided in a context that did not require reference to jurisdiction in the fundamental sense, as opposed to jurisdiction in the broader sense used in the context of writ proceedings.

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