Abstract
Historically the important topic of the jurisdiction of Canadian provincial courts in civil and commercial cases has been left to the common law, supplemented by local rules of procedure. For example, in Ontario the Courts of Justice Act simply provides that the Superior Court of Justice 'has all the jurisdiction, power and authority historically exercised by courts of common law and equity in England and Ontario' and that it 'may stay any proceeding in the court on such terms as are considered just'. Many Europeans, whose law of court jurisdiction has long been enshrined in civil codes, may well find it surprising that such a key aspect of any legal system could exist partly in an uncodified collection of court decisions and partly in procedural rules which typically have the status of mere regulations.
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