What is the legal test for a motion to strike out for want of jurisdiction?
Canada (Federal), Canada
The following excerpt is from Charlie v. Vuntut Gwitchin First Nation, 2002 FCT 344 (CanLII):
Fortunately, this somewhat unproductive discussion of procedure and seeming inconsistent standards on motions to strike out for want of jurisdiction has been laid to rest in Hodgson v. The Queen. In my reasons of 10 September 1999, in action T-2553-91, I set out at paragraph 28 that I would only find want of jurisdiction where a matter was plain, obvious and beyond doubt, which was not there the case.
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