Barrister and Solicitor
Legal Writing and Research
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].