Professor, Western University
During a recent round-up of Canadian publications dealing with the conflict of laws, I have found the following articles which some might find of interest: – Robert Flannigan, “The Use of Foreign Forms to Circumvent Local Liability Rules” (2007) 44 Alta. L.R. 803-14 – Lily Ng, “Covenant Marriage and the Conflict of Laws” (2007) 44 […]
On June 21, 2008, Trinity College Dublin is hosting a conference on the Rome II regulation on the law applicable to non-contractual obligations. Full details are available
With the courts of Canadian provinces willing to take jurisdiction over a “national” class claim, involving a plaintiff class which includes members located in other provinces, and with American courts willing to take jurisdiction over “international” classes, involving a plaintiff class which includes members located in Canada, Canadian courts are increasingly having to confront the […]
In Vogler v. Szendroi (available
Professor Tanya Monestier of Queen’s University has published an article challenging the approach in some of the leading cases, including Muscutt v. Courcelles, to the taking of jurisdiction over defendants outside the forum: see Tanya J. Monestier, “A ‘Real and Substantial’ Mess: The Law of Jurisdiction in Canada” (2007) 33 Queen’s L.J. 179 (available to […]
The most recent chapter in the long-running and highly public dispute between businessman Karlheinz Schreiber and former Prime Minister of Canada Brian Mulroney involves significant conflict of laws issues. On December 20, 2007, Justice Cullity of the Ontario Superior Court of Justice released his decision holding that Schreiber’s claim was dismissed for lack of jurisdiction. […]
The Supreme Court of Canada has just granted leave to appeal in Teck Cominco Metals Ltd. v. Lombard General Insurance Company of Canada (also indexed as Lloyd’s Underwriters v. Cominco Ltd.), a decision of the British Columbia Court of Appeal (available
To what extent should a country’s traditional rules for taking jurisdiction be modified to address some of the unique elements of class actions? This issue was recently considered by the Manitoba Court of Appeal in Ward v. Canada (Attorney General) (available
In Bad Ass Coffee Company of Hawaii Inc. v. Bad Ass Enterprises Inc., [2007] A.J. No. 1080 (Q.B.) (QL), available
The Court of Appeal for Ontario has released Red Seal Tours Inc. v. Occidental Hotels Management B.V. (available