What is the test for bringing a defendant within the embrace of a foreign jurisdictions law?
Ontario, Canada
The following excerpt is from Amtim Capital Inc. v. Appliance Recycling Centers of America, 2013 ONSC 4867 (CanLII):
This “real and substantial connection” test requires that a significant connection exists between the causes of action and the foreign court. A defendant can reasonably be brought within the embrace of a foreign jurisdictions law where he or she has participated in something of significance or was actively involved in that foreign jurisdiction. A fleeting or relatively unimportant connection will not be enough to give a foreign court jurisdiction. The connection to the foreign jurisdiction must be a substantial one. Beals v. Saldanha, supra, para. 32
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