What is the test for submitting or attorning to a foreign court?
New Brunswick, Canada
The following excerpt is from Nackawic Mechanical Ltd. v. Ward, 2015 NBCA 1 (CanLII):
Although there are only a few cases that have considered s. 2 of the Act specifically, there are several decisions from various courts which address the concept of submitting or attorning to a foreign court’s jurisdiction. The question is still relevant in jurisdictions that have adopted the real and substantial connection test because that test does not displace the common law, but simply enlarges the circumstances in which a foreign court has jurisdiction: Beals v. Saldanha, 2003 SCC 72, [2003] 3 S.C.R. 416, at para. 34.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have the courts in the Republic of Ireland considered the criteria established in other superior court cases for establishing that spouses are living separate and apart under the same roof? (New Brunswick, Canada)
What is the test for the court to determine whether or not the court is being asked to step into the role of a parent? (New Brunswick, Canada)
How have the courts interpreted the findings of the Court of Appeal in the context of a claim for damages arising out of a motor vehicle accident? (New Brunswick, Canada)
What is the role of the courts in reviewing the decisions of specialized administrative tribunals? (New Brunswick, Canada)
What is the purpose and obligation of the Court of Arbitration for Human Rights in Canada to return a child who has been wrongfully removed or retained to the country of habitual residence? (New Brunswick, Canada)
When will a court consider suspicious circumstances in a Will? (New Brunswick, Canada)
On what basis has a court ever allowed a tribunal to exercise its own jurisdiction? (New Brunswick, Canada)
What authority does the court have to revoke an agreement where an agreement has been signed where the agreement was not revoked? (New Brunswick, Canada)
What is the difference between a salary recommendation based on a percentage or ratio of the salary level of another court? (New Brunswick, Canada)
What is the difference between a plaintiff and a court in assessing damages in a motor vehicle accident case? (New Brunswick, Canada)
