June 15, 2012

Unlocking the Mysteries of Jurisdiction: The Van Breda Case

Unlocking the Mysteries of Jurisdiction: The Van Breda Case

Written by: John A. Olah

During the past 25 years or so, various Canadian courts have attempted to articulate legal principles to define this relationship. One of the critical questions that the courts have sought to answer has been in what circumstances should a Canadian court assume jurisdiction over a foreign defendant. The answer to this question began 22 years ago in the Supreme Court of Canada’s decision in Morguard Investments v. De Savoye and recently culminated in the Supreme Court of Canada’s decision of Club Resorts Ltd. v. Van Breda. This paper traces the development of the jurisdiction test from Morguard to Van Breda and outlines the implications of the Van Breda test for foreign and domestic litigants.

Read / Download | Unlocking the Mysteries of Jurisdiction-The Van Breda Case

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