Associate Professor, University of Western Ontario
Things 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
The 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” […]
Thomson 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
After 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
In Momentous.ca Corp v Canadian American Assn of Professional Baseball Ltd, 2012 SCC 9 (available
There 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 […]
Associate 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 […]
In Tucows.Com Co. v. Lojas Renner S.A., 2011 ONCA 548 (available
The Court of Appeal for Ontario has released its decision in A.M.R.I. v. K.E.R. (available
Here are some recent articles from Canadian publications: Janet Walker, “Are National Class Actions Constitutional? A Reply to Hogg and McKee” (2010) 48 Osgoode Hall LJ 95 Jeffrey Haylock, “The National Class as Extraterritorial Legislation” (2009) 32 Dal LJ 253 Gerald Robertson, “The Law of Domicile: Re Foote Estate” (2010) 48 Alta L Rev 189 […]