Entries by Stephen Pitel

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

Parallel Class Actions in Canada

Canadian provincial courts continue to analyze how to manage class actions that include class members from other provinces.  While Canada is a federal country, it is acceptable for the court in a province to certify a class that includes members from other provinces.  A difficulty arises if two provinces are each asked to certify a multijurisdictional class […]

Canadian Conflicts Publications

During a recent round-up of Canadian publications dealing with the conflict of laws, I have found the following articles which some might find of interest:  – Robert Flannigan, “The Use of Foreign Forms to Circumvent Local Liability Rules” (2007) 44 Alta. L.R. 803-14 – Lily Ng, “Covenant Marriage and the Conflict of Laws” (2007) 44 […]

Developments in the Recognition of Foreign Class Action Judgments

With the courts of Canadian provinces willing to take jurisdiction over a “national” class claim, involving a plaintiff class which includes members located in other provinces, and with American courts willing to take jurisdiction over “international” classes, involving a plaintiff class which includes members located in Canada, Canadian courts are increasingly having to confront the […]