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

AuthorShaun Finn and Gadi Taj
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
CCAR 8-2.indb 203 4/25/2013 3:10:34 PM
CCAR 8-2.indb 204 4/25/2013 3:10:34 PM

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