A Real and Substantial Look at Jurisdiction in the Civil and Class Action Settings

• Author: Shaun Finn and Gadi Taj
• Pages: 203-221

203

a real and subsTanTIa l looK

aT JurIsdICTIon In THe CIVIl

and Class aCTIon seTTInGs

Shaun Finn and Gadi Taj

Abstract: Although fundamenta l, when, how, and under what

circumstances a court may assert jurisdiction has long been

the subject of legal debate and analysi s in Canada. Recently,

the Supreme Court of Canada put forward a new approach

to what has come to be known as the “real and substantial

connection” test. In Club Resort Ltd v Van Breda, the Supreme

Court has reiterated the utility of this test, but sought to de-

lineate a tighter, more objective set of connecting factors.

This article considers how the Van Breda decision f‌its into

the larger jurisprudential context, what practical impact it

may have on the expan sion of judicial competence, and how

it compares and contrasts with Quebec’s statutory regime of

private international law. This article also exa mines jurisdic-

tion in light of the unique issues it raises in the area of class

proceedings.

CCAR 8-2.indb 203 4/25/2013 3:10:34 PM

CCAR 8-2.indb 204 4/25/2013 3:10:34 PM