Muscutt V. Courcelles Revisited: The Court of Appeal for Ontario Takes Another Look

Abstract

Since its appearance in 2002 the Ontario Court of Appeal's decision in Muscutt v. Courcelles has been a much relied on judgment. The eight-part Muscutt test for determining the constitutional applicability of ex juris assertion of court jurisdiction has been applied in numerous Ontario cases since it was handed down. It has also been welcomed by courts in other provinces, including decisions at the appellate level. In addition, although three provinces — Saskatchewan, British Columbia and Nova Scotia — have now jettisoned their service ex juris rules and replaced them with the Court Jurisdiction and Proceedings Transfer Act, Muscutt has been used to interpret that uniform statute. In short, although the Muscutt test for assessing the real and substantial connection ("the r&sc") standard has yet to receive the imprimatur of the Supreme Court of Canada, it has become a familiar fixture.

Keywords: Muscutt, Courcelles, Ontario, Court of Appeal, jurisdiction, real and substantial connection