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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 ...
The test established in this case was later elaborated on by the Court of Appeal for Ontario in Muscutt v Courcelles, [5] where a list of eight factors was given to be considered when determining whether a real and substantial connection exists: the connection between the forum and the plaintiff's claim;
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.
A man wanted for questioning in the death of a woman set ablaze on a subway train is seen in a combination of still images from surveillance video in New York City on Dec. 22, 2024.
Pollard’s family called police at about 1 a.m. Tuesday to say she had not been seen since going out at about 5 p.m. Monday to search for Pepper, her cat.
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 ...