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Conflict of Laws 3rd ed

Conflict of Laws 3rd ed

Author: Stephen G.A. Pitel
Publisher: Irwin Law
ISBN: 9781487566630

Previous Edition ISBN: 9781552214367
Published In: February 2024
Format: Paperback
Jurisdiction: Canada ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 682.00

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Description
Contents

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

Preface

Introduction

Domicile and Residence

Exclusion of Foreign Law

Foreign Currency Obligations

Jurisdiction

Declining Jurisdiction

Anti-Suit Injunctions

Recognition and Enforcement of Foreign Judgments

Recognition and Enforcement of Foreign Arbitral Awards

10.

The Choice of Law Process