Although fundamental, when, how, and under what circumstances a court may assert jurisdiction has long been the subject of legal debate and analysis 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 delineate 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 expansion of judicial competence, and how it compares and contrasts with Quebec’s statutory regime of private international law. This article also examines jurisdiction in light of the unique issues it raises in the area of class proceedings.
Finn et al. (Wed,) studied this question.