Whereas extraprovincial members of opt-in class actions can be said to have attorned
to the forum court's jurisdiction, it is not possible to assert that non-resident plaintiffs who have failed to opt-out have similarly consented.
was decidedly clear that the real and substantial connection standard was satisfied by the traditional bases of jurisdiction simpliciter grounded on territorial jurisdiction over a defendant present within the forum, or who submitted to the exercise of that jurisdiction by a contractual agreement, or who attorned
to the jurisdiction by taking procedural steps to defend the action.
The motions judge dismissed the Parsons action, finding that, by his counsel's appearance, the plaintiff had attorned
to the jurisdiction of the Illinois court.