In an action to recognize and enforce a foreign judgment where the foreign court validly assumed jurisdiction, there is no need to prove a real and
substantial connection exists between the enforcing forum and either the judgment debtor or the dispute.
Jurisdiction simpliciter exists when a real and
substantial connection exists between the parties, the matter and the jurisdiction.
Not exact matches
The prior three corporate convictions under the CFPOA have been achieved by the entering of guilty pleas.2 The Court also for the first time interpreted the meaning of key provisions in the statute, including clarifying that an inchoate offence of conspiracy
exists under the CFPOA and in what circumstances a real and
substantial connection will be required and found.
In particular, the successful applicant will make the case for the acquisition of work by an artist with a
substantial connection to the museum's
existing collections, city or region.
These concepts place limits on the extent of liability in order to implement the sound policy of the law that there
exist a
substantial connection between the tortious conduct and the injury for which compensation is claimed.
A real and
substantial connection presumptively
exists when one (or more) of the following factors
exists:
-- First, the court should determine whether the claim falls under rule 17.02 (excepting subrules (h) and (o)-RRB- to determine whether a real and
substantial connection with Ontario is presumed to
exist.
If one of the
connections identified in rule 17.02 (excepting subrules (h) and (o)-RRB- is made out, the defendant bears the burden of showing that a real and
substantial connection does not
exist.
(3) For the purposes of subsection (2)(d), a real and
substantial connection is presumed to
exist if one or more of the following apply:
Recent decisions of the Supreme Court of Canada have clarified the test that the courts must use to determine if there
exists the necessary «real and
substantial connection» between the jurisdiction and the subject litigation.
The
existing land rights regimes also provide
substantial security for traditional owners and Indigenous communities in terms of the inalienable nature of the freehold title to land, which protects spiritual
connection to and cultural use of the land.