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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.
3
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3
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Oct 11, 2026
Supreme Court of Canada Atlantic Lottery v. Ontario, Case No. 26-42141
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47:32Chanakia A. SethiGUEST
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.
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47:44Chanakia A. SethiGUEST
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.
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47:56Chanakia A. SethiGUEST
First, the doctrine is simply inapplicable in this context because of the text of Section 207(1)(a), and I'll explain.
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48:07Chanakia A. SethiGUEST
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.
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48:21Chanakia A. SethiGUEST
And then third, the text, excuse me, the test invites consequences that this court should not welcome.
6 MINS LATER
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54:06Mahmud JamalPANELIST
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.
Atlantic Lottery Corporation, et al. v. Attorney General of Ontario (42141)
C
47:33Chanakia A. SethiGUEST
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.
C
47:44Chanakia A. SethiGUEST
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.
C
47:56Chanakia A. SethiGUEST
First, the doctrine is simply inapplicable in this context because of the text of Section 2071A, and I'll explain.
C
48:07Chanakia A. SethiGUEST
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.
C
48:21Chanakia A. SethiGUEST
And then third, the text, excuse me, the test invites consequences that this court should not welcome.
6 MINS LATER
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54:06Malcolm JamalPANELIST
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.
Atlantic Lottery Corporation, et al. v. Attorney General of Ontario (42141)
C
47:33Chanakia A. SethiGUEST
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.
C
47:44Chanakia A. SethiGUEST
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.
C
47:56Chanakia A. SethiGUEST
First, the doctrine is simply inapplicable in this context because of the text of Section 2071A, and I'll explain.
C
48:07Chanakia A. SethiGUEST
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.
C
48:21Chanakia A. SethiGUEST
And then third, the text, excuse me, the test invites consequences that this court should not welcome.
6 MINS LATER
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54:06Malcolm RoweUNKNOWN
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.