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Isabella Has Commenced an Action Against a Caribbean-Based Company That

Question 9

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Isabella has commenced an action against a Caribbean-based company that offered a "guaranteed 17 percent return on all 30-day foreign investments of $20 000 or more." Both the initial investment and interest were to be repaid in the investor's national currency, regardless of the mode of investment.Instead, the company provided Isabella with a certificate of ownership in a sugarcane farm, presumably obtained for less than its stated value.Because Isabella is a Canadian citizen, she would like the action tried in a Canadian court and, accordingly, must satisfy the real and substantial connection test.Under this approach, Isabella must demonstrate that the effects of the Caribbean company (ie the harms suffered) were experienced in Canada.

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