This article investigates the access to justice concerns surrounding jurisdiction motions in Ontario, having analyzed one hundred and forty-seven jurisdiction motions decided in Ontario between 2010 and 2015. The author challenges the previously expressed view that jurisdiction motions are presently being “abused” by defendants and their counsel. He also suggests that trends in jurisdiction motions this decade point to some improvement from an access to justice perspective. Nonetheless, jurisdiction motions are frequently presenting an impediment to access to justice, with uncertainty in the law likely being the primary reason for this. The author considers potential proposals to address the access to justice concerns inherent in jurisdiction motions, concentrating on reconsidering the substantive law of jurisdiction or adopting the Court Jurisdiction and Proceedings Transfer Act.
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Kennedy, Gerard J..
"Jurisdiction Motions and Access to Justice: An Ontario Tale."
Osgoode Hall Law Journal