Search results
Results from the WOW.Com Content Network
The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex juris.Courts will usually recognize a judgment from a foreign province or nation where the claimant shows that there is a real and substantial connection between the subject matter of the litigation or the damages suffered and the jurisdiction issuing the judgment.
The test requires the Court to consider whether the subject-matter of the suit or the person involved had a "real and substantial" connection with the country. The Court noted, however, that judgments with sufficient connection will not be enforced if they are contrary to Canadian public policy, contrary to natural justice, or obtained through ...
The real and substantial connection doctrine has subsequently become the dominant test for whether Canadian courts recognize and enforce foreign judgments. The original doctrine from Morguard only applied to inter-provincial judgments within Canada. [22] However, the 2003 case Beals v Saldhana expanded the test to apply to international ...
It depends on whether there is a "real and substantial connection" between Canada and the transmission source, Binnie claims. This would mean that the Act applies to communications received in or originating from Canada.
The Supreme Court has underlined that FNC inquiries are similar to but distinct from the Real and Substantial connection" test used in challenges to jurisdiction. The most important difference is that applying FNC is a discretionary choice between two forums, each of which could legally hear the issue.
That’s not the only deal McDonald’s has in store: Customers can also get a free 10-piece Chicken McNuggets with a $1 minimum purchase when they download the app for the first time and opt into ...
Authorities in California have busted 117 sticky-fingered grinches who were part of an organized holiday shoplifting ring. California Highway Patrol recovered 767 stolen items worth more than ...
A shipwreck dating back to the 5th and 6th centuries B.C. was discovered earlier this year off the coast of Sicily, Italian officials said.