Real and substantial connection
Encyclopedia
In Canadian law, a real and substantial connection or the real and substantial connection test is a legal principle used to determine whether a subject matter falls within a jurisdiction. The phrase was first adopted in Canada in the Supreme Court of Canada
decision of Libman v. The Queen (1985). It is used in several circumstances in matters of conflict of laws
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. 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 foreign judgment must be final and the foreign court no longer has any power to change or rescind it.
In SOCAN v. CAIP (2004), the Supreme Court of Canada applied the R&S connection test to determine the location of a breach of copyright in the context of peer to peer downloading.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision of Libman v. The Queen (1985). It is used in several circumstances in matters of conflict of laws
Conflict of laws
Conflict of laws is a set of procedural rules that determines which legal system and which jurisdiction's applies to a given dispute...
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Enforcement of foreign judgments
The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex jurisService ex juris
Service ex juris is where legal notice of an upcoming proceeding is given to a defendant who resides outside of the jurisdiction of the court. Rules of service ex juris are typically found in the rules of civil procedure and are limited by subject matter and the strength of the connection between...
. 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 foreign judgment must be final and the foreign court no longer has any power to change or rescind it.
Jurisdiction
When a claimant wishes to bring an action to a Canadian court, the Court must be satisfied that it has jurisdiction over the matter. Jurisdiction in personam is determined using the real and substantial connection test.In SOCAN v. CAIP (2004), the Supreme Court of Canada applied the R&S connection test to determine the location of a breach of copyright in the context of peer to peer downloading.