What is the test for determining whether a motion judge had jurisdiction to entertain the motion?
Nova Scotia, Canada
The following excerpt is from Smith v. Lord, 2013 NSCA 34 (CanLII):
The first issue, whether the motions judge had jurisdiction to entertain the motion, is a pure question of law and will be reviewed on the correctness standard. Similarly, the second issue, whether the motions judge disregarded or failed to apply a mandatory presumption of law is also a question of law and will be reviewed on a standard of correctness. (Housen v. Nikolaisen, 2002 SCC 33, ¶8-9).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Whether a judge is sitting alone or presiding with a jury in a civil matter, whether the judge is a single judge or a jury? (Nova Scotia, Canada)
Does the court have jurisdiction to determine whether a claim is in tort or contract? (Nova Scotia, Canada)
What is the test for a judge to determine whether a plaintiff has met the standard of proof? (Nova Scotia, Canada)
What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp? (Nova Scotia, Canada)
What is the test used to determine whether there is a disqualifying conflict of interest? (Nova Scotia, Canada)
What is the test for determining whether a departing employee is a fiduciary? (Nova Scotia, Canada)
What factors will be considered in determining whether or not to disbursement of an expert’s report? (Nova Scotia, Canada)
What is the test for determining whether a hypothetical event is a real or substantial possibility? (Nova Scotia, Canada)
What is the test for determining whether a party can proceed with an application? (Nova Scotia, Canada)
What is the test for determining whether a specific provision in provincial law should be applied? (Nova Scotia, Canada)
