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Simon Shields, Lawyer

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Since 2005

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Jurisdiction - Attornment - Stay

Essar Steel Algoma Inc. (Re) (Ont CA, 2016)

In this case the Court of Appeal considers in detail the issue of what procedural steps by a party can be undertaken before it is considered to have attorned (accepted) jurisdiction of a court where it otherwise challenges it, here in the context of a stay proceeding on appeal. The test for a stay on appeal is essentially the same as for an interlocutory injunction: ie. serious question to be heard (merits), balance of convenience and irreparable harm [paras 43-61].

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