Professor, Western University
The Supreme Court of Canada has upheld, by a 7-2 decision, an injunction issued by lower courts in British Columbia requiring Google, a non-party to the litigation, to globally remove or “de-index” the websites of the defendant so that they do not appear in any search results. This is the first such decision by Canada’s highest court. […]
In 2011 Facebook, Inc. used the name and picture of certain Facebook.com members as part of an advertising product. In response, a class action was started in British Columbia on behalf of roughly 1.8 million British Columbia residents whose name and picture had been used. The claim was based on section 3(2) of the province’s […]
In Re Walter Energy Canada Holdings, Inc, 2017 BCSC 709 (available
Ontario has enacted and brought into force the International Commercial Arbitration Act, 2017, SO 2017, c 2, Sched 5 (available
Halsbury’s Laws of Canada (first edition) has published a reissue (September 2016) of its volume on Conflict of Laws. It is written by Professor Janet Walker, the author of the leading Canadian textbook in the field. The reissue is highly detailed with over 260 pages of tables (cases, conventions, legislation), an index and a glossary. […]
In Endean v British Columbia, 2016 SCC 42 (available
The following information is provided by the conference organizers. Given how rare conflict of laws conferences are in Canada, I am delighted to pass this along. The CJPTA: A Decade of Progress In 2016, the Court Jurisdiction and Proceedings Transfer Act marks its tenth year in force. Adopted in British Columbia, Saskatchewan and Nova Scotia, […]
Irwin Law has published (August 2016) the second edition of Conflict of Laws by Stephen Pitel (Western University) and Nicholas Rafferty (University of Calgary). This treatise aims to explain and analyze the rules of the conflict of laws in force in common law Canada in a clear and concise manner. For the second edition, the chapter on […]
The Supreme Court of Canada has released its decision in Lapointe Rosenstein Marchand Melancon LLP v Cassels Brock & Blackwell LLP, 2016 SCC 30 (available
Under the State Immunity Act, foreign states are generally immune from being sued in Canada. This includes being sued on a foreign judgment. However, in 2012 Canada enacted legislation to give victims of terrorism the ability to sue a foreign state that sponsored the terrorism. It also made it easier for foreign judgments against such […]