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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 ...
Morguard Investments Ltd v De Savoye, [1990] 3 SCR 1077 [2] is the leading decision of the Supreme Court of Canada on the enforcement of extraprovincial judgments. The Court held that the standard for enforcing a default judgment from a different province is not the same as if it were from another country; rather the Court adopts the test from Indyka v Indyka, [1969] 1 AC 33 and Moran v Pyle ...
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.
Ney Contact Manual - Electrical Contacts for Low Energy Uses (reprint of 1st ed.). Deringer-Ney, originally JM Ney Co. ASIN B0006CB8BC. [permanent dead link ] (NB. Free download after registration.) Slade, Paul G. (February 12, 2014) [1999]. Electrical Contacts: Principles and Applications. Electrical engineering and electronics. Vol. 105 (2 ...
Lebel J. observed that the case concerned the elaboration of the real and substantial connection test as an appropriate common law conflicts rule for the assumption of jurisdiction. In determining whether a court can assume jurisdiction over a certain claim, the preferred approach in Canada has been to rely on a set of specific factors which ...
Like all compliance testing, it is important that the test equipment, including the test chamber or site and any software used, be properly calibrated and maintained. Typically, a given run of tests for a particular piece of equipment will require an EMC test plan and a follow-up test report. The full test program may require the production of ...