Attornment to Jurisdiction: Acceptance of Authority to Adjudicate a Dispute

Question: What is attornment to jurisdiction, and can I lose the right to object to the court or tribunal in Ontario?

Answer: Attornment to jurisdiction means you consent to a particular court, tribunal, or arbitration forum’s authority, either by contract, a post-dispute agreement, or by participating without promptly challenging jurisdiction, which can waive your objection and lock in the forum.   Reznik Legal Services provides Ontario paralegal services to help you assess forum selection clauses, spot implied attornment by conduct, and choose the proper forum before taking steps that affect your rights.

Proper Forum for Legal Dispute

Attornment of jurisdiction is a legal concept that arises when a party, often in the context of a dispute, accepts or submits to the authority of a particular, court or tribunal, or in some circumstances manner of adjudication such as arbitration instead of litigation, even if that forum may otherwise be outside of the usual jurisdiction.  Understanding attornment is important because it can influence where a legal matter is heard, the procedural rules that apply, and potentially the outcome of the case.  By understand attornment of jurisdiction occurs, litigants can better navigate strategic decisions within the course of the litigation.

Attornment to jurisdiction may occur through several distinct avenues, each with its own legal considerations.  The most straightforward method is by contract, where a forum selection clause in an agreement specifies the court or tribunal that will decide any disputes, often naming a particular province, city, or county.  Alternatively, parties may attorn through a written agreement made after a dispute has arisen, formalizing consent to have the matter heard in a specific forum.  Attornment can also arise by conduct, such as when a party participates in proceedings without raising a timely objection to jurisdiction, thereby implicitly accepting the authority of the forum.  Each of these scenarios involves unique strategic and procedural implications, warranting separate and detailed examination.