This poses no difficulty where the court has acted on the basis of some ground traditionally accepted by courts as permitting the recognition and enforcement of foreign judgments--in the case of judgments in personam where the defendant was within the jurisdiction at the time of the action or when he submitted to its judgment whether by agreement or attornment
. In the first case, the court had jurisdiction over the person, and in the second case by virtue of the agreement.
"The presence of more of the traditional indicia of jurisdiction (attornment
, agreement to submit, residence and presence in the foreign jurisdiction) will serve to bolster the real and substantial connection to the action or parties.
Jurisdiction simpliciter in Canada is determined on either of two broad standards: the traditional jurisdictional standards of presence, consent, or attornment
, or the real and substantial connection test.
behalf of a class itself may fairly be considered a voluntary attornment
* Subordination and subordination, non-disturbance and attornment
Unlike a signed judicial decision, which is intended to resolve the congeries of issues comprising a dispute, there is neither personification nor attornment
to multiple purposes in legislative texts.
In addition, a series of appellate decisions appears to have modified the effect of the defendant's attornment
on that party's ability to invoke a forum selection clause.
Situations arise where a tenant is negotiating to lease the space but has not yet executed a lease, where the lease is executed but the parties are in a due diligence period during which the tenant can elect to terminate, where the lease is executed but the tenant has a termination right or the lease is executed but term of the lease has not yet commenced and may never commence because various conditions precedent have not yet been satisfied according to the terms of the lease (e.g., alterations that are important to the tenant have not yet been approved by the appropriate governmental authorities or a lender has not yet executed a subordination, non-disturbance and attornment
Tenants occupying without estoppel and attornment
agreements may be readily removable, but a better idea is sometimes to buy out tenant's "improvements" if an adverse reaction or publicity is deemed likely.
Additionally, and in lieu of a blanket recognition, the Fee Owner may agree to enter into a recognition, non-disturbance and attornment
agreement with a Subtenant who meets the same criteria noted above (a "Recognition Agreement").
Similarly, an attornment
provision should be added, providing that the tenant will attorn to any new owner of the property after a foreclosure, and that the tenant will provide estoppel certificates and minor lease amendments where necessary to satisfy a lender.
Therefore, in the absence of attornment
language, a mortgagee can lose a valuable tenant if it forecloses.