What is the current state of private international law?

International comity and the prevalence of international cross-border transactions and movement call for a modernization of private international law. The principles set out in Morguard, 1990 CanLII 29 (SCC), [1990] 3 S.C.R. 1077, and further discussed in Hunt v. T&N plc, 1993 CanLII 43 (SCC), [1993] 4 S.C.R. 289, can and should be extended beyond the recognition of interprovincial judgments, even though their application may give rise to different considerations internationally. Subject to the legislatures adopting a different approach by statute, the “real and substantial connection” test should apply to the law with respect to the enforcement and recognition of foreign judgments.