Law

Conflict of Laws 3rd ed

By Stephen G.A. Pitel
Irwin Law February 2024

Specifications

ISBN-13
9781487566630
Publisher
Irwin Law
Publication
February 2024
Format
Paperback
Jurisdiction
Canada ? Countri(es) for reference only

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Details

This book explains in a clear and concise manner the rules of the conflict of laws in force in common law Canada.

For the 3rd edition, the most significant changes are to chapters 5 and 6, dealing with taking and exercising jurisdiction. These topics produce a steady stream of decisions each year. They have been addressed relatively recently by the Supreme Court of Canada, most notably in Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP, 2016 SCC 30, Douez v Facebook, Inc, 2017 SCC 33, and Haaretz.com v Goldhar, 2018 SCC 28. Other key decisions from that court on other topics include Office of the Children’s Lawyer v Balev, 2018 SCC 16, Barer v Knight Brothers LLC, 2019 SCC 13, and HMB Holdings Ltd v Antigua and Barbuda, 2021 SCC 44. Provincial appeal courts have also been active in developing the law, such as in Lanfer v Eilers, 2021 BCCA 241 and Sinclair v Amex Canada Inc, 2023 ONCA 142. Throughout the text there is discussion of new cases and many new references. It is also notable that since the second edition, the Uniform Law Conference of Canada has been active in this field, adopting revised model statutes on taking and exercising jurisdiction (in 2021) and recognizing and enforcing Canadian judgments (in 2023).

The conflict of laws takes on greater importance with each passing year. Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Understanding the conflict of laws allows lawyers, judges, scholars and students to better address any legal situation that crosses borders, whether international or interprovincial.

This book is designed to be both readable and thoughtful, and will appeal to both legal professionals and law students

Table of Contents

Preface
1.
Introduction
2.
Domicile and Residence
3.
Exclusion of Foreign Law
4.
Foreign Currency Obligations
5.
Jurisdiction
6.
Declining Jurisdiction
7.
Anti-Suit Injunctions
8.
Recognition and Enforcement of Foreign Judgments
9.
Recognition and Enforcement of Foreign Arbitral Awards
10.
The Choice of Law Process
11.
Substance and Procedure
12.
Pleading and Proof of Foreign Law
13.
Tort
14.
Contract
15.
Unjust Enrichment
16.
Nature and Situs of Property
17.
Immovable Property
18.
Movable Property
19.
Succession
20.
Trusts
21.
Marriage
22.
Divorce
23.
Nullity
24.
Children
25.
Support Obligations
26.
Family Property
Table of Cases
Index
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