In a wrongful dismissal action, the appellants challenged Ontario jurisdiction and argued that procedural steps they took within that challenge did not amount to attornment.
The Court of Appeal held that requests for a temporary stay and to strike the amended pleading were procedural steps confined to obtaining a proper foundation for the jurisdiction motion and did not go beyond challenging jurisdiction.
The court therefore set aside the motion judge's ruling on attornment.
Exercising its appellate power, the court dismissed the temporary stay motion on the merits because the bankruptcy stays affecting the corporate defendants were unlikely to be lifted, and it ordered no costs given divided success.
