The Morguard Investments Ltd v De Savoye Case example

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The Morguard Investments Ltd v De Savoye Case

The Morguard Investments Ltd v De Savoye case is of extreme importance as its decision has led to the imposition of extraprovincial judgments. It resulted in greater territorial capability and success of judgments. The main issue placed before the court was to what extent the court of one province recognizes the judgments of another one announced in the second province in case the defendant did not reside there (Coakeley 2002). As a result, the Supreme Court of Canada decided to enforce default judgments from a different province.

The Morguard decision is the settlement of the Supreme Court of Canada in 1990 concerning the recognition and enforcement of inter-provincial judgements. It can be used as an example of adopting the test of a “real and substantial connection”. In Canadian law, this test is used since 1985 and is a legal basis used to determine whether the subject of the matter is within a jurisdiction and whether it is a matter of conflict of laws (Coakeley 2002). As a consequence of Morguard, if a Canadian defendant chooses to discount the foreign proceeding, he might lose his rights to defend the action later in case the foreign jurisdiction had a real connection to the action.

The section Securities Regulation gives an insight into legislation that requires dealers in securities to be registered, issuers to make regular and timely disclosure reports, and others. It also helps to understand better security administration in Canada, for example, informs about the National Policy on trading in securities using the Internet. The section Regulation of Speech clarifies how and why Canada has placed considerable limits on freedom of expression. Thus, Internet communications are within the legislative authority of Parliament. Canadian standards against hate speech are attempted to be enforced on the Internet too. Several cases are mentioned when hate messages were sent on the Internet and how the government dealt with such cases.


Coakeley, S. 2002. Looking ahead: International law in the 21st century: Proceedings of the 29th Annual Conference of the Canadian Council on International Law, Ottawa, October 26-28, 2000. 2002. Hague: Kluwer Law …

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