Jurisdiction in Cross-Border Libel Cases
The Court of Appeal for Ontario has released Paulsson v. Cooper, 2011 ONCA 150 (available
Associate Professor, University of Western Ontario
The Court of Appeal for Ontario has released Paulsson v. Cooper, 2011 ONCA 150 (available
On March 21, 22 and 25, 2011 the Supreme Court of Canada will hear appeals in four private international law cases. Each is a case in which the Ontario court has held that it has jurisdiction to hear the dispute and that the proceedings should not be stayed in favour of another forum. Two of […]
In Kazemi (Estate of) v. Islamic Republic of Iran, 2011 QCCS 196 (available
In yet another, but not the final, step in the very long-running litigation between KAC, IAC and the Republic of Iraq, the Supreme Court of Canada has held that the enforcement in Quebec of a 2008 judgment of the English Commercial Court ordering Iraq to pay CAD$84 million to KAC is not barred by soveriegn […]
At the recent 40th Annual Workshop on Commercial and Consumer Law at the University of Toronto, three leading Canadian conflict of laws scholars – Vaughan Black of the Schulich School of Law, Joost Blom of the University of British Columbia and Janet Walker of Osgoode Hall Law School – presented a paper looking back at […]
Two recent publications contain several topical articles: In the 2010 issue (volume 60) of the University of New Brunswick Law Journal are the following five articles: Catherine Walsh: “The Uses and Abuses of Party Autonomy in International Contracts”; Joshua Karton, “Party Autonomy and Choice of Law: Is International Arbitration Leading the Way or Marching to the […]
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 […]