Professor, Western University
The long-running litigation between the United States and a group of defendants who operated a cross-border telemarketing business selling Canadian and foreign lottery tickets to Americans has reached another mile-post with the decision of the Court of Appeal for Ontario in United States of America v. Yemec, 2010 ONCA 414 (available
Three recent articles have been published about multijurisdictional class actions in Canada. One of the most critical issues is whether the courts of a province will enforce a class action judgment from another province or another country approving a settlement that purports to bind plaintiffs resident in the province. I know that similar issues are under consideration […]
In Yugraneft Corp. v. Rexx Management Corp., 2010 SCC 19 (available
Two new books on private international law have recently been published in Canada. The first is a new textbook: Stephen G.A. Pitel & Nicholas S. Rafferty, Conflict of Laws (Toronto: Irwin Law Inc., 2010). Though I say it myself, for those in other countries this book should serve as a useful comparative reference to the […]
Hart Publishing has published the second title in its Studies in Private International Law series, Foreign Currency Claims in the Conflict of Laws by Professor Vaughan Black of the Schulich School of Law at Dalhousie University. More information is available
In Canada, the test for taking jurisdiction over an out-of-province defendant requires that there be “a real and substantial connection” between the dispute and the forum. In 2002 the Court of Appeal for Ontario created a framework for analyzing a real and substantial connection, setting out, in Muscutt v. Courcelles, eight factors to consider. This […]
The British Columbia Court of Appeal’s decision in Stanway v. Wyeth Pharmaceuticals Inc., 2009 BCCA 592 (available
Those interested in lengthy discussions of the law of domicile might enjoy the Alberta Court of Queen’s Bench’s odyssey undertaken to determine where the late Eldon Foote died domiciled (available
Things have certainly been quiet on the Canadian front over the past few months. Ending the lull, in a decision filled with different conflict of laws issues, the Quebec Superior Court held, in Bil’In Village Council and Yassin v. Green Park International Inc. (available
Readers of this web site might find some of the following publications to be of interest. I have tried to gather togther recent work by Canadian conflicts scholars. Please post a comment if you are aware of another piece. Vaughan Black & Angela Swan, “Concurrent Judicial Jurisdiction: A Race to the Court House or to […]