Can a Court Sit Outside its Territorial Jurisdiction?
In Parsons v The Canadian Red Cross Society, 2013 ONSC 3053 (available
About Stephen Pitel
Professor, Western University
Entries by Stephen Pitel
Recent Canadian Conflicts Scholarship
/in /by Stephen PitelThe following articles about conflict of laws in Canada were published over the past year or so: Brandon Kain, “Solicitor-Client Privilege and the Conflict of Laws” (2012) 90 Can Bar Rev 243-99 Christina Porretta, “Assessing Tort Damages in the Conflict of Laws: Loci, Fori, Illogical” (2012) 91 Can Bar Rev 97-134 Matthew E Castel, “Anti-Foreign […]
Ontario Court Refuses to Hear Chevron/Ecuador Enforcement Action
/in /by Stephen PitelAs many of you know, in 2011 several residents of Ecuador won a judgment in the courts of that country against Chevron Corporation for some $18 billion. In 2012 the successful plaintiffs sued Chevron Corporation and Chevron Canada Ltd. in Ontario, seeking to have the Ecuadorian judgment enforced there. The defendants brought a motion challenging the […]
Articles on the SCC’s Van Breda v Club Resorts
/in /by Stephen PitelThings have been pretty quiet on the conflict of laws front in Canada over the past several months. But lower courts and academics have been working to understand the new framework for taking jurisdiction set out in April 2012 by the Supreme Court of Canada in Van Breda v Club Resorts (available
Recent Canadian Conflicts Articles
/in /by Stephen PitelThe following articles about conflict of laws in Canada were published over the past year or so: Elizabeth Edinger, “Is Duke v Andler Still Good Law in Common Law Canada?” (2011) 51 Can Bus LJ 52-75 Matthew E Castel, “The Impact of the Canadian Apology Legislation when Determining Civil Liability in Canadian Private International Law” […]
New Book on Court Jurisdiction and Proceedings Transfer Act
/in /by Stephen PitelThomson Reuters Carswell has just published Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act by Vaughan Black, Stephen G.A. Pitel and Michael Sobkin. More information is available
New Canadian Framework for Assumption of Jurisdiction
/in /by Stephen PitelAfter 13 months the Supreme Court of Canada has finally released its decisions in four appeals on the issue of the taking and exercising of jurisdiction. The main decision is in Club Resorts Ltd v Van Breda (available
Supreme Court of Canada Affirms Importance of Jurisdiction Agreements
/in /by Stephen PitelIn Momentous.ca Corp v Canadian American Assn of Professional Baseball Ltd, 2012 SCC 9 (available
Quebec Court Refuses Jurisdiction on Forum of Necessity Basis
/3 Comments/in /by Stephen PitelThere has not been much to report from Canada for the past few months. The Supreme Court of Canada’s jurisdiction decision in the Van Breda quartet of cases is still eagerly awaited. There was some thought these decisions would be released by the end of February but it now appears that will not happen. These […]
Article on Global Class Actions in Canada
/in /by Stephen PitelAssociate Professor Tanya Monestier of the Roger Williams University School of Law has written an article on the willingness of Canadian courts to hear class actions involving a global plaintiff class. It is entitled “Is Canada the New ‘Shangri-La’ of Global Securities Class Actions?” and is forthcoming in 2012 in the Northwestern Journal of International Law and […]