Real and substantial connection

In Canadian law, a real and substantial connection or the real and substantial connection test is a legal principle used to determine whether a subject matter falls within a jurisdiction.

The test is primarily used to determine whether a Canadian court will recognize a foreign judgment where there was service ex juris.

Courts will usually recognize a judgment from a foreign province or nation where the claimant shows that there is a real and substantial connection between the subject matter of the litigation or the damages suffered and the jurisdiction issuing the judgment.

Jurisdiction in personam is determined using the real and substantial connection test.

In Club Resorts Ltd v Van Breda, the Supreme Court applied the test to determine civil jurisdiction in the face of a conflict of laws.