What is the test in applying the real and substantial connection test to the facts of the case?

Ontario, Canada


The following excerpt is from Saleh v. United Arab Emirates, 2003 CanLII 18865 (ON SC):

The leading case is Muscutt v. Courcelles which sets down the test in applying the real and substantial connection test to the facts of the case. In Muscutt v. Courcelles the plaintiff had been a passenger in a motor vehicle which was involved in an accident in Alberta. The plaintiff suffered a serious spinal injury and after his release from a Calgary Hospital he returned to Ontario where he received extensive on-going medical care. At the time of the accident all the defendants resided in Alberta. The plaintiff brought his action pursuant to Rule 17.02 (h) claiming damages in respect of damages sustained in Ontario arising from a tort. The defendants moved to set aside the service out of the jurisdiction and to stay the action. Commencing at paragraph 77 through to paragraphs 110, Sharpe J.A. analyses the test in detail. The test is as follows. 1. The connection between the forum and the plaintiff’s claim. In paragraph 79 he states as follows:

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