Does Rule 57.02(4)(c) of the Newfoundland Rules apply?
Newfoundland and Labrador, Canada
The following excerpt is from United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union USW, Local 9508 v. Vale Inco Newfoundland and Labrador Limited, 2010 NLCA 74 (CanLII):
Regarding Rule 57.02(4)(c), in Kavanagh v. Newfoundland (Minister of Education), 2000 NFCA 2, Green J.A. (as he then was) wrote at para. 17: [W]henever the jurisdiction of the court is challenged, it is important to ensure a proper ruling on that issue be obtained since the consequence of a wrong decision on that point could be that a potential litigant would be improperly denied access to the court. The other possibility is that the parties would have a trial that on appeal could be held to have been a nullity, for want of jurisdiction.
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