Does a Respondent have accepted the jurisdiction of the Court as a result of the Respondent's failure to attend the hearing?
British Columbia, Canada
The following excerpt is from Buchanan v Buchanan, 2020 BCSC 1209 (CanLII):
Similarly, in Van Huynh v. Nu Huynh, 2006 BCSC 973, Truscott J. concluded that the respondent had not accepted the jurisdiction of the court, as the respondent had not filed any response or affidavits, nor appeared at the hearing: paras. 11-12.
Finally, in Gnanaseelan v. Gnanaseelan, 2011 BCSC 1824, the respondent informed the court orally that he had spoken to the claimant by telephone and indicated that the claimant did not oppose the application. Nevertheless, Griffin J., as she then was, declined to find the claimant had accepted the jurisdiction of the court. The claimant had provided no evidence nor appeared before her.
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