|
Real And Substantial Connection
In Canadian law, a real and substantial connection or the real and substantial connection test is a legal principle used to determine whether a subject matter falls within a jurisdiction. The phrase was first adopted in Canada in the Supreme Court of Canada decision of Libman v. The Queen' (1985). It is used in several circumstances in matters of conflict of laws. Enforcement of foreign judgments The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex juris. Courts will usually recognize a judgment from a foreign province or nation where the claimant shows that there is a real and substantial connection between the subject matter of the litigation or the damages suffered and the jurisdiction issuing the judgment. The foreign judgment must be final and the foreign court no longer has any power to change or rescind it. Jurisdiction When a claimant wishes to bring an action to a Canadian court, the Court must ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Law
The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New France, French Empire past), and Canadian Indigenous law, Indigenous law systems developed by the various Indigenous peoples of Canada, Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Acts, British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Cha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Service Ex Juris
Service ex juris is legal notice of an upcoming proceeding given to a defendant who resides outside of the jurisdiction of the court. Rules of service ''ex juris'' are typically found in the rules of civil procedure and are limited by subject matter and the strength of the connection between the subject and the jurisdiction. See also * Long-arm jurisdiction Long-arm jurisdiction is the ability of local courts to exercise jurisdiction over foreign ("foreign" meaning out of jurisdiction, whether a state, province, or nation) defendants, whether on a statutory basis or through a court's inherent jurisdic ... Conflict of laws Civil procedure {{law-term-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction In Personam
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
SOCAN V
The Society of Composers, Authors and Music Publishers of Canada (SOCAN) is a Canadian performance rights organization that represents the performing rights of more than 135,000 songwriters, composers and music publishers. The organization collects license fees through a music licensing program approved by the Copyright Board of Canada. History SOCAN is a result of a merger that took place in 1990 between the Composers, Authors and Publishers Association of Canada (CAPAC) and the Performing Rights Organization of Canada (PROCAN). In 2013, Front Row Insurance Brokers Inc. initiated an online musical instrument insurance program for members of various Canadian music associations, including SOCAN. In May 2016, SOCAN acquired the Seattle-based company Medianet Digital for an undisclosed amount; the organization planned to leverage the company's software and database of rights metadata to assist in the calculation and distribution of royalties for works on digital music streaming servi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Club Resorts Ltd V Van Breda
''Club Resorts Ltd v Van Breda'', 2012 SCC 17, is a decision of the Supreme Court of Canada that has brought greater certainty to the question of a real and substantial connection in the assumption of civil jurisdiction by Canadian courts in matters concerning the conflict of laws. The facts In separate cases, two individuals were injured while on vacation outside of Canada. Van Breda suffered catastrophic injuries on a beach in Cuba, and Charron died while scuba diving there. Actions were brought in Ontario against a number of parties, including Club Resorts Ltd., a company incorporated in the Cayman Islands, that managed the two hotels where the accidents occurred. Club Resorts sought to block those proceedings, arguing that: :* the Ontario courts lacked jurisdiction, and, in the alternative, :* a Cuban court would be a more appropriate forum on the basis of the doctrine of ''forum non conveniens''. In both cases, the judges at first instance held that Ontario courts did h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
