Beyond Real and Substantial Connection: The Muscutt Quintet

Document Type

Book Chapter

Publication Date

2003

Source Publication

2002 Annual Review of Civil Justice, Second Edition. Toronto, ON: Carswell, 2003.

Keywords

constitution; international litigation; Judicial Jurisdiction

Abstract

In five companion cases (the "Muscutt Quintet) the Court of Appeal for Ontario established an 8-factor test to determine basic jurisdiction over cases involving non-consenting defendants served outside the forum. This paper provides a critical analysis of the steps leading up to this decision and the role that this decision might play in the evolution of judicial jurisdiction.

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