July 2 – Whether Refusal to Stay Is Final or Temporary

“In my view, the refusal to dismiss or stay the action based on lack of jurisdiction was a final order. See Manos Foods International Inc. v. Coca-Cola Ltd., 1999 CanLII 3022 (ON CA), [1999] O.J. No. 3623 (C.A.), and Abbott et al. v. Collins et al.(2002), 2002 CanLII 41457 (ON CA), 62 O.R. (3d) 99 (C.A.). Where, as here, the effect of the order is that the action is going to proceed in the Superior Court, the consequence is that the defendant is precluded from continuing to dispute the court’s jurisdiction over the subject matter of the action. The order therefore is final on the jurisdiction question.”

Hopkins v. Kay, 2014 ONCA 514 at 9