(211) R v D(D), 2000 SCC 43 at para 54 [DD] (which asserts that "[t]he danger of attornment
to the opinion of the expert is further increased by the fact that expert evidence is highly resistant to effective cross-examination by counsel who are not experts in that field"); Edmond & Roach, supra note 10 at 386; Bernstein, supra note 91 at 461 (stating that "[t]hese attorneys often do not have the resources to investigate, much less challenge, forensic testimony proffered by the prosecution"); The Honourable Mr Justice Ian Binnie, "Science in the Courtroom: The Mouse That Roared" (2007) 56:1 UNB LJ 307 at 315 [Binnie].
In that case, the Court premised jurisdiction in Ontario on Unifund's attornment
to the jurisdiction of the Ontario courts.
Examples are found in other jurisdictional bases (presence, attornment
, and the real and substantial connection) where the courts show deference to the plaintiffs choice of jurisdiction.
A detailed analysis of James's seal on the deed of attornment
for the house reveals that it is virtually identical in design to that of Alfonso's brother, the Infante Enrique (1230-1303).
This section covers subordination of various types, attornment
, non-disturbance, and other matters.
The discovery of a bailment where an expropriating State directly acknowledges to the formerly dispossessed owner that the State now holds on the latter's behalf and that the latter has now become the new owner might be founded in part on an analogy with the doctrine of attornment
. (104) Alternatively, however, the agreement by the holding State might be construed as one that undertakes to re-vest property in the former possessor upon delivery, leaving the current property of the State unchanged till delivery.
Consent or attornment
on the part of the defendant may not always be sufficient to confer jurisdiction on the foreign court; the defendant's submission to the foreign court's jurisdiction does not guarantee availability.
* Subordination, Non-Disturbance and Attornment
[e]vidence of whether or not the defendant had a procedural opportunity for a period of attornment
immunity in the foreign court, to enable it to contest jurisdiction and to not run the risk of a default judgment, may be something the local courts will want to consider in determining [the natural justice defense].
RECOGNITION AND ATTORNMENT
. If the landlord has given recognition and non-disturbance agreements in favor of the tenant's subtenants and the subtenants have agreed to attorn to the landlord (i.e., agree to become the direct tenant of the landlord under the terms of their sub-leases following a termination of the ground lease), then any existing occupancy subleases will become senior leases if the ground lease is terminated prior to the end of its term.
In Morguard, Justice La Forest considerably expanded the common law test for extraprovincial recognition that required attornment
or service of the parties in the subsequent jurisdiction.
tap the basic stream of religious and political principle because the privilege reflects the limits of the individual's attornment
to the state and--in a philosophical sense--insists upon the equality of the individual and the state.