The Plaintiff filed a Statement of Claim in Alberta alleging fraud and misrepresentation. A group of the several Defendants (“CWT”) responded with an Application to stay the Alberta Action on the basis that the State of New York was the appropriate forum. CWT later filed an Application alleging that the Alberta Action was res judicata on account of a Judgment entered in New York. The Court found that the res judicata Application fell under Rule 3.68(2)(d), engaging the merits of the Alberta Action, and constituting attornment to Alberta’s jurisdiction. As such, CWT was precluded from challenging jurisdiction, and the Court went on to consider the res judicata Application, as well as a related Application brought by the Plaintiff to restrain CWT from seeking recognition of the New York judgment in Ontario.