What is the test for determining whether there is a real and substantial connection between the litigation and the foreign defendants?

Ontario, Canada


The following excerpt is from Currie v Farr’s Coach Lines Ltd., 2015 ONSC 2352 (CanLII):

The Ontario Court of Appeal in Muscutt v. Courcelles[3] sets out a list of eight factors to consider in assessing whether there is a “real and substantial connection” between the litigation and the foreign defendants. The factors include: (a) the connection between the forum and the plaintiff’s claim; (b) the connection between the forum and the moving party; (c) unfairness to the moving party in assuming jurisdiction; (d) unfairness to the plaintiff in not assuming jurisdiction; (e) involvement of other parties in the lawsuit; (f) the court’s willingness to recognize and enforce an extra-provincial judgment rendered on the same jurisdictional basis; (g) whether the case is inter-provincial or international in nature; and (h) comity and the standards of jurisdiction, recognition and enforcement prevailing elsewhere.

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