What is the test for determining whether a real and substantial connection has been met?
Prince Edward Island, Canada
The following excerpt is from Lavern v. Norman Estate, 2019 PESC 47 (CanLII):
I am bound by the authority of Club Resorts v. Van Breda 2012 SCC 17. That decision describes the constitutional aspects of the question before the court, which give rise to the "real and substantial connection" test. It also delineates the principles applicable to determining whether the real and substantial connection test has been met. I need not delve into the constitutional aspects since they are not at issue in this case. This motion is concerned primarily with whether the test has been met.
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