What question did this study set out to answer?

The aim is to analyze the Supreme Court of Canada's jurisdiction approach from the Van Breda case and its relevance in civil and class action lawsuits.

February 9, 2026

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

Key Points

The aim is to analyze the Supreme Court of Canada's jurisdiction approach from the Van Breda case and its relevance in civil and class action lawsuits.
Analyzing the Van Breda decision and its implications for jurisdiction
Comparative examination of Quebec's private international law
Discussion of the interplay between class actions and jurisdiction
The Van Breda decision clarifies the real and substantial connection test for jurisdiction
It defines more objective connecting factors for courts to apply
There is potential for expanded judicial competence in civil cases and class actions

Abstract

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.

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