What Does it Mean to Submit to a Foreign Forum?
The meaning of submission was the central question, though by no means the only one, in the Supreme Court of Canada’s decision in Barer v Knight Brothers LLC, 2019 SCC 13 (available
About Stephen Pitel
Associate Professor, University of Western Ontario
Entries by Stephen Pitel
Ontario Court Holds Law of Bangladesh Applies to Rana Plaza Collapse Claim
/1 Comment/in News/by Stephen PitelThe Court of Appeal for Ontario has upheld a decision of the Superior Court of Justice dismissing a $2 billion claim against Loblaws relating to the 2013 collapse of the Rana Plaza building in Savar, Bangladesh. In Das v George Weston Limited, 2018 ONCA 1053 (available
New Book: Nineteenth-Century Perspectives on Private International Law
/in News/by Stephen PitelRoxana Banu of Western University has published Nineteenth-Century Perspectives on Private International Law, a new book in the Oxford University Press series on the history and theory of international law. Information from the publisher can be found
Double Counting the Place of the Tort?
/1 Comment/in Views/by Stephen PitelIn common law Canada there is a clear separation between the question of a court having jurisdiction (jurisdiction simpliciter) and the question of a court choosing whether to exercise or stay its jurisdiction. One issue discussed in the Supreme Court of Canada’s recent decision in Haaretz.com v Goldhar (available
The Most Appropriate Forum: Assessing the Applicable Law
/in Views/by Stephen PitelAnother issue in the recent Supreme Court of Canada decision in Haaretz.com v Goldhar (available
The Role of Foreign Enforcement Proceedings in Forum Non Conveniens
/in Views/by Stephen PitelThe doctrine of forum non conveniens, in looking to identify the most appropriate forum for the litigation, considers many factors. Two of these are (i) a desire to avoid, if possible, a multiplicity of proceedings and (ii) any potential difficulties in enforcing the decision that results from the litigation. However, it is important to keep […]
Staying Proceedings, Undertakings and “Buying” a Forum
/in Views/by Stephen PitelOne of the points of interest in the Supreme Court of Canada’s recent decision in Haaretz.com v Goldhar (available
Supreme Court of Canada: Israel, not Ontario, is Forum Conveniens for Libel Proceedings
/in Views/by Stephen PitelThe decision to stay proceedings under the doctrine of forum non conveniens is discretionary, which in part means that appeal courts should be reluctant to reverse the decisions of motions judges on the issue. It comes as some surprise, therefore, that the Supreme Court of Canada has disagreed with not only the motions judge but […]
Symposium Publication: Court Jurisdiction and Proceedings Transfer Act
/in News/by Stephen PitelThe most recent issue of the Osgoode Hall Law Journal (available
New Article: Jurisdiction Clauses in Canada
/in News/by Stephen PitelTanya Monestier (Roger Williams University School of Law) has published an article (available