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

36 The Advocates' Quarterly 35

22 Pages Posted: 25 Jul 2012

See all articles by Vaughan Black

Vaughan Black

Dalhousie University - Law School

Mat Brechtel

Dalhousie University - Schulich School of Law

Date Written: 2009

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

Suggested Citation

Black, Vaughan and Brechtel, Mat, Muscutt V. Courcelles Revisited: The Court of Appeal for Ontario Takes Another Look (2009). 36 The Advocates' Quarterly 35, Available at SSRN: https://ssrn.com/abstract=2117106

Vaughan Black (Contact Author)

Dalhousie University - Law School ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Mat Brechtel

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

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