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Chanakia A. Sethi

Litigation partner at Davies Ward Phillips & Vineberg LLP in Toronto who argued Atlantic Lottery Corp. v. Attorney General of Ontario before the Supreme Court of Canada.

Oct 11, 2026

47:16
Thank you.
47:30
Thank you, Chief Justice, Justices.
47:32
I'll begin with the real and substantial connection test, which was Ontario's primary argument in the court below, and here is their secondary argument.
47:44
The Court of Appeal, in our view, correctly rejected the application of the real and substantial connection test here in interpreting Section 207(1)(a), and that was for three reasons.
47:56
First, the doctrine is simply inapplicable in this context because of the text of Section 207(1)(a), and I'll explain.
48:07
Second, there is a fundamental mismatch between how Ontario is trying to use the real and substantial connection test and how that test operates in this context.
48:21
And then third, the text, excuse me, the test invites consequences that this court should not welcome.

6 MINS LATER

Mahmud JamalPANELIST
54:06
So it isn't-- I, I agree it's not the strongest argument that, uh, Ontario has, but it-- there is a, there is something of an analogy in terms of interpreting the reach of provincial legislation.
47:16
Thank you.
47:30
Thank you, Chief Justice, Justices.
47:33
I'll begin with the real and substantial connection test, which was Ontario's primary argument in the court below, and here is their secondary argument.
47:44
The Court of Appeal, in our view, correctly rejected the application of the real and substantial connection test here in interpreting Section 2071A, and that was for three reasons.
47:56
First, the doctrine is simply inapplicable in this context because of the text of Section 2071A, and I'll explain.
48:07
Second, there is a fundamental mismatch between how Ontario is trying to use the real and substantial connection test and how that test operates in this context.
48:21
And then third, the text, excuse me, the test invites consequences that this court should not welcome.

6 MINS LATER

54:06
So it isn't-- I, I agree it's not the strongest argument that, uh, Ontario has, but it-- there is a, there is something of an analogy in terms of interpreting the reach of provincial legislation.
47:16
Thank you.
47:30
Thank you, Chief Justice, Justices.
47:33
I'll begin with the real and substantial connection test, which was Ontario's primary argument in the court below, and here is their secondary argument.
47:44
The Court of Appeal, in our view, correctly rejected the application of the real and substantial connection test here in interpreting Section 2071A, and that was for three reasons.
47:56
First, the doctrine is simply inapplicable in this context because of the text of Section 2071A, and I'll explain.
48:07
Second, there is a fundamental mismatch between how Ontario is trying to use the real and substantial connection test and how that test operates in this context.
48:21
And then third, the text, excuse me, the test invites consequences that this court should not welcome.

6 MINS LATER

Malcolm RoweUNKNOWN
54:06
So it isn't-- I, I agree it's not the strongest argument that, uh, Ontario has, but it-- there is a, there is something of an analogy in terms of interpreting the reach of provincial legislation.

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