Sentences with phrase «determination of subject matter jurisdiction»

Can you collaterally attack a final order's determination of subject matter jurisdiction on appeal of a subsequent final order?

Not exact matches

This is certainly true in Wisconsin: «When the action is an action affecting the family, and when the residence requirements... have been met, a court having subject matter jurisdiction need not have grounds for personal jurisdiction in order to make a determination of the status of a marriage.»

In Reasons issued on behalf of a unanimous court, Justice LeBel reiterated that jurisdiction must be based upon a «real and substantial connection» between a particular forum and the subject matter of the litigation and that the determination of whether there is such a connection must not be a matter of pure judicial discretion but, rather, be based upon a clear set of presumptive factors that will be applied to whether the courts of a particular province can take jurisdiction.

As per counsel's interpretation of Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), Alberta (Information and Privacy Commissioner) v Alberta Teachers» Association, 2011 SCC 61 (CanLII) and Newfoundland and Labrador Nurses» Union v Newfoundland and Labrador (Treasury Board), 2011 SCC 62 (CanLII), where a tribunal is asked to determine its own jurisdiction over a matter (and interpret its home statute) these determinations are subject to deference on judicial review.