October 1, 2024 – Jurisdiction of the Court: It’s Not Optional

“The parties cannot confer jurisdiction on a court through consent: “The common law unanimously supports the general proposition that parties cannot empower a court with the authority to make a determination where it otherwise has no authority to do so or it its authority is limited by statute: Rothgiesser v. Rothgiesser [2000 CarswellOnt 50 (Ont. C.A.)], 2020 CanLII 1153 at para. 19. Jurisdiction is not optional: it “cannot be conferred by consent, cured by attornment, or assumed voluntarily just because there is an interesting and significant issue to be considered”: N. (J.) v. Durham Regional Police Service, 2012 ONCA 428 (Ont. C.A.) at para. 25.”

          Simons v. Crow, 2020 ONSC 5940 (CanLII) at 37

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