What is the effect of the real and substantial connection test and forum non conveniens doctrine?
British Columbia, Canada
The following excerpt is from Seine River Resources Inc. v. Pensa Inc., 1998 CanLII 3929 (BC SC):
Prowse J.A. went on to quote La Forest J. on the effect of these rules in Tolofson v. Jensen, 1994 CanLII 44 (SCC), [1994] 3 S.C.R. 1022 at 1049. In that case, La Forest J. noted that these rules prevent courts' over-reaching themselves. The real and substantial connection test provides a way to prevent a court from unduly entering into matters with which it has little connection. Operating alongside this test, the forum non conveniens doctrine allows the court to exercise its discretion to give up jurisdiction where another forum is more appropriate.
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