What is jurisdiction and what is the test for jurisdiction?
British Columbia, Canada
The following excerpt is from HMTQ v. Pilarinos and Clark, 2001 BCSC 1690 (CanLII):
I turn to the question of “what is jurisdiction?” This simple question is not simply answered. In Tolofson v. Jensen [1992] B.C.J. No. 449 (C.A.)(Q.L.), at p. 3, Cumming J.A. said, “Jurisdiction refers to the power of the court to hear a particular matter”. Jurisdiction is a term that encompasses several concepts. Jurisdiction can be, amongst other things, exclusive, concurrent, original, in personam, in rem, and territorial.
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