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- Title
REFORMULATING A REAL AND SUBSTANTIAL CONNECTION.
- Authors
Pitel, Stephen G. A.
- Abstract
The article presents an analysis on the concept of the real and substantial connection in accommodating cases involving jurisdictional concerns in the Canadian context. It notes that this concept in private international law needs to be open-ended and flexible to be adapted in a wide range of civil cases. It also examines the use of the real and substantial connection in several court cases, including the Van Breda v. Village Resorts Ltd. court case, held under the courts of Canada. According to the author, the Supreme Court of Canada's decision on the case of Village Resorts was motivated by concerns of efficiency and eliminating the cost of litigation which in turn reduces the requirement for the real and substantial connection.
- Subjects
CANADA; CONFLICT of laws -- Jurisdiction; CONFLICT of judicial decisions; DISPUTE resolution; JURISDICTION (International law); LEGAL procedure; INTERNATIONAL arbitration; VILLAGE Resorts Ltd.; PRACTICE of law; LEGAL costs
- Publication
University of New Brunswick Law Journal, 2010, Vol 60, p177
- ISSN
0077-8141
- Publication type
Article