Supreme Court of Canada on International Child Abduction
Written by Stephen G.A. Pitel, Faculty of Law, Western University The Supreme Court of Canada has released its decision in F v N, 2022 SCC 51 (
Associate Professor, University of Western Ontario
Written by Stephen G.A. Pitel, Faculty of Law, Western University The Supreme Court of Canada has released its decision in F v N, 2022 SCC 51 (
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), […]
Written by Stephen G.A. Pitel, Western University The court’s decision in HMB Holdings Ltd v Antigua and Barbuda, 2021 SCC 44 (
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 […]
By Stephen G.A. Pitel, Western University The Supreme Court of Canada has granted leave in H.M.B. Holdings Limited v Attorney General of Antigua and Barbuda. Information about the appeal is available
In 2017 drivers working under contract for Uber in Ontario launched a class action. They alleged that under Ontario law they were employees entitled to various benefits Uber was not providing. In response, Uber sought to stay the proceedings on the basis of an arbitration clause in the standard-form contract with each driver. Under its […]
By Stephen G.A. Pitel, Faculty of Law, Western University Instrubel, N.V., a Dutch corporation, has been attempting in litigation in Quebec to garnish assets of the Republic of Iraq. The difficult issue has been the nature of the assets sought to be garnished and where they are, as a matter of law, located. The assets […]
By Stephen G.A. Pitel, Faculty of Law, Western University In 2013 two Innu First Nations sued, in the Superior Court of Quebec, two mining companies responsible for a mega-project consisting of multiple open-pit mines near Schefferville, Quebec and Labrador City, Newfoundland and Labrador. The Innu asserted a right to the exclusive use and occupation of […]
By Stephen G.A. Pitel, Faculty of Law, Western University Eritrean mine workers who fled from that country to British Columbia sued the mine’s owner, Nevsun Resources Ltd. They sought damages for various torts including battery, false imprisonment and negligence. They also sought damages for breaches of customary international law. Their core allegation was that as […]
Written by Professor Stephen G.A. Pitel, Western University The decision of the Supreme Court of Canada in R.S. v P.R., 2019 SCC 49 (available