Entries by Stephen Pitel

New Book: Foreign Currency Claims in the Conflict of Laws

Hart Publishing has published the second title in its Studies in Private International Law series, Foreign Currency Claims in the Conflict of Laws by Professor Vaughan Black of the Schulich School of Law at Dalhousie University.  More information is available

Reformulating a Real and Substantial Connection

In Canada, the test for taking jurisdiction over an out-of-province defendant requires that there be “a real and substantial connection” between the dispute and the forum.  In 2002 the Court of Appeal for Ontario created a framework for analyzing a real and substantial connection, setting out, in Muscutt v. Courcelles, eight factors to consider.  This […]

Eldon Foote’s Domicile on May 17, 2004

Those interested in lengthy discussions of the law of domicile might enjoy the Alberta Court of Queen’s Bench’s odyssey undertaken to determine where the late Eldon Foote died domiciled (available

Quebec Court Stays Palestinian Claim Against West Bank Builders

Things have certainly been quiet on the Canadian front over the past few months.  Ending the lull, in a decision filled with different conflict of laws issues, the Quebec Superior Court held, in Bil’In Village Council and Yassin v. Green Park International Inc. (available

Round-Up of Canadian Conflicts Publications

Readers of this web site might find some of the following publications to be of interest.  I have tried to gather togther recent work by Canadian conflicts scholars.  Please post a comment if you are aware of another piece. Vaughan Black & Angela Swan, “Concurrent Judicial Jurisdiction: A Race to the Court House or to […]

New Book on Rome II

Brill / Martinus Nijhoff has recently published The Rome II Regulation on the Law Applicable to Non-Contractual Obligations: A New International Litigation Regime.  The book is edited by John Ahern and William Binchy of Trinity College Dublin.  Full details of the book are available

Consultation Paper on Jurisdiction

The Law Commission of Ontario has released a consultation paper written by Professor Janet Walker (Osgoode Hall Law School, York University).  The paper (available