What is the test for a motion to have jurisdiction granted against a foreign defendant?
Ontario, Canada
The following excerpt is from Yip v. HSBC Holdings plc, 2017 ONSC 5332 (CanLII):
Any allegation of fact that is not put into issue by the defendant is presumed to be true for the purposes of the jurisdiction motion, and the plaintiff is under no obligation to call evidence for any allegation that has not been challenged by the defendant; however, if a foreign defendant files affidavit evidence challenging the allegations in the statement of claim that are essential to jurisdiction, the low evidentiary threshold for the plaintiff to meet is that it has a good arguable case on those allegations: Ontario v. Rothmans, supra.
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