What is the test for a motion of jurisdiction?
Ontario, Canada
The following excerpt is from Altea Active Club Inc. v. Aviva Insurance Company of Canada, 2022 ONSC 243 (CanLII):
There are two questions on a jurisdiction motion: i.) jurisdiction simpliciter: does the court have jurisdiction over the case that can be exercised?; ii.) if the answer to i.) is “yes”, then a second question arises: is Ontario a forum conveniens to decide the case or should it be decided somewhere else? (King v. Giardina, 2017 ONSC 1588 at para. 16)
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