What is the test for assuming jurisdiction over a defendant from another state?
Ontario, Canada
The following excerpt is from Samson v. Hooks Industrial Inc., 2003 CanLII 8549 (ON SC):
In Muscutt v. Courcelles, supra, paras 59-62, Sharpe J.A. described what he termed “the personal subjection approach” as a basis of assuming jurisdiction, and gave the United States as an example of a jurisdiction where this approach was adopted. According to Sharpe J.A., under American law, a state can only exercise jurisdiction over a defendant from another state when the defendant has “minimal contacts” with the state purporting to exercise jurisdiction. Minimum contacts imply that it was foreseeable by that particular defendant that as a result of his conduct or connection with the forum state, he could be called to account in the other jurisdiction.
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