JCAP’s position on the main issue in this appeal is that the real and substantial connection test for jurisdiction simpliciter should not apply to recognition and enforcement proceedings. There is no benefit to subjecting recognition and enforcement proceedings to a rigorous jurisdictional threshold. Practical considerations alone should ensure that recognition and enforcement proceedings are brought only where there is a valid reason to do so. Even where that is not the case, a foreign defendant that comes to Canada to contest jurisdiction can just as easily come to Canada to contest the validity of the judgment or the eligibility of the assets targeted. In contrast with a jurisdictional objection to a trial of a first instance claim, it conserves little, if any, resources to permit a defendant to contest jurisdiction in a recognition and enforcement proceeding.
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Categories: Interventions and Amicus Curiae Briefs