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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 ...
Americans are exhausted by political news. TV ratings and a ...
Jose Melo, 52, is facing a murder charge after Naket Jadix Trinidad Maldonado, 31, was found dead on Monday, Dec. 30, 2024
The court chose to revise the common law test and enforce a judgment with a "real and substantial connection" between the action or damages suffered and the adjudicating jurisdiction. [39] This decision had important implications for both interprovincial and international litigations as Canadian courts began to engage with the comity in ...
The IRS substantial presence test helps the U.S. government decide how to tax your income.Your physical presence over the past three years determines your tax status.