Nova Scotia Court of Appeal on Substance-Procedure Distinction
In Vogler v. Szendroi (available
About Stephen Pitel
Associate Professor, University of Western Ontario
Entries by Stephen Pitel
Article Challenges Canadian Approach to Jurisdiction
/in /by Stephen PitelProfessor 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 […]
Some Political Drama in the Conflict of Laws in Canada
/in /by Stephen PitelThe 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. […]
Supreme Court of Canada to Hear Forum Non Conveniens Appeal
/3 Comments/in /by Stephen PitelThe 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
Jurisdiction and Class Actions
/in /by Stephen PitelTo 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
Alberta Court Analyzes Public Policy Defence
/in /by Stephen PitelIn Bad Ass Coffee Company of Hawaii Inc. v. Bad Ass Enterprises Inc., [2007] A.J. No. 1080 (Q.B.) (QL), available
Forum Non Conveniens and Jurisdiction Clauses in Ontario
/1 Comment/in /by Stephen PitelThe Court of Appeal for Ontario has released Red Seal Tours Inc. v. Occidental Hotels Management B.V. (available
Recent Articles on Recognition and Enforcement in Canada
/in /by Stephen PitelReaders of this site might be interesting in the following two articles: Antonin I. Pribetic, “Thinking Globally, Acting Locally: Recent Trends in the Recognition and Enforcement of Foreign Judgments in Canada” in Annual Review of Civil Litigation 2006, T. Archibald and R. Echlin, eds (Toronto: Thomson-Carswell, 2007) at 141-199 (available on SSRN
Ontario: Jurisdiction and Family Law
/in /by Stephen PitelIn Okmyansky v. Okmyansk, 2007 ONCA 427 (available
Recent Canadian Articles
/1 Comment/in /by Stephen PitelSome readers of this site may be interested in the following: Vaughan Black, “The Hague Choice of Court Convention” (2006) 6 Canadian International Lawyer 181-195 (an account of the proposed treaty’s principal provisions and discussion of differences with existing Canadian law) Elizabeth Edinger, “New British Columbia Legislation: The Court Jurisdiction and Proceedings Transfer Act; The […]