Real and Substantial Connection - Jurisdiction

Jurisdiction

When a claimant wishes to bring an action to a Canadian court, the Court must be satisfied that it has jurisdiction over the matter. Jurisdiction in personam is determined using the real and substantial connection test.

In SOCAN v. CAIP (2004), the Supreme Court of Canada applied the R&S connection test to determine the location of a breach of copyright in the context of peer to peer downloading.

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Famous quotes containing the word jurisdiction:

    The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.
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