Entries by Stephen Pitel

New Canadian Conflicts Text

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The Irwin Law “Essentials Series” is a collection of texts about Canadian law aimed at a broad audience: it includes law students and also lawyers, judges and academics.  It has been quite successful over the past twenty years.  In 2024 Irwin Law was acquired by University of Toronto Press.  It has continued the Essentials Series […]

Supreme Court of Canada to Hear Jurisdiction Appeal

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The Supreme Court of Canada has granted leave to appeal in Sinclair v Venezia Turismo. In light of the test for obtaining leave and the relatively low number of cases in which leave is granted, this offers at least some suggestion that the top court is interested in considering the legal issues raised in the […]

New Edition of Leading Canadian Conflict of Laws Treatise

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A loose-leaf publication tends to stay as current as the most recent set of insert pages, and so identifying it either by its initial year of publication or its edition number can be misleading. For many years the leading Canadian work on private international law has been the 6th edition of Castel & Walker Canadian […]

Revised Canadian Statute on Judgment Enforcement

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Two years ago, the Uniform Law Conference of Canada (ULCC) released a revised version of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. The statute is available

Revised Canadian Statute on Jurisdiction

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Written by Stephen G.A. Pitel, Western University Many Canadian and some other conflicts scholars will know that the Uniform Law Conference of Canada (ULCC) has drafted (in 1994) model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. This statute, known as the Court Jurisdiction and Proceedings Transfer Act (CJPTA), […]

Enforcement of Foreign Judgments about Forum Land

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By Stephen G.A. Pitel, Western University In common law Canada, it has long been established that a court will not recognize and enforce a foreign judgment concerning title to land in the forum.  The key case in support is Duke v Andler, [1932] SCR 734. The ongoing application of that decision has now been called […]