LEGAL PRINCIPLE: JURISDICTION – Declaratory Actions – Claim of Plaintiff Determines Jurisdiction

The plaintiff’s claim as endorsed on the writ of summons and statement of claim determines the court’s jurisdiction. The court examines the nature of the claim, not the defence. If the claim falls within the court’s subject matter jurisdiction, the court has jurisdiction regardless of the defendant’s objections. The claim must disclose a cause of action justiciable before that court. The court does not consider the defence when determining jurisdiction—the defence cannot oust jurisdiction that otherwise exists. The principle ensures that defendants cannot defeat jurisdiction by raising defences that go to the merits. The court assumes the facts pleaded are true for jurisdictional purposes. The claim must be within the court’s territorial and monetary limits as well.