THE MACSHANNON TEST FOR DISCRETION: DEFENCE AND DELIMITATION

Authors

  • E EDINGER

Abstract

Some provinces, following the decision of the House of Lords in MacShannon v. Rockware Glass Ltd., have adopted the modified English test for the exercise of the court's discretion in personal service within the jurisdiction cases. This article analyzes and evaluates the MacShannon test, warns against its adoption in service ex juris cases, and rejects the suggestion that the federal principle demands substantial revision of the jurisdictional rules common to most provinces.

Keywords:

Legal Theory

Downloads

Total Downloads:

Download data is not yet available.

Downloads

Published

1986-06-01

Issue

Section

Legal Commentary