What is the test for jurisdiction in a motion brought by the Court of Appeal in the Superior Court of Justice?
Saskatchewan, Canada
The following excerpt is from Lanin v. Zawislak, 1927 CanLII 226 (SK QB):
This, however, is not a case of jurisdiction; it is a case of a proceeding started by writ apparently good on its face, but which in the result appears to have been an absolute nullity, and it seems to me that the law as stated in the case of Smurthwaite v. Hannay [1894] A.C. 494, 63 L.J.O.B. 737, applies, where; at p. 501, the Lord Chancellor says : If unwarranted by any enactment or rule, it is, in my opinion, much more than an irregularity.
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