Overview

This casebook, created by a team of well-respected law teachers from across Canada, provides a thorough examination of all traditional conflict-of-law issues, including jurisdiction, choice of law, and enforcement of judgments.

The result is a rigorous teaching resource that draws from the individual strengths of seven exceptional authors to create a comprehensive and up-to-date picture of Canadian private international law issues.

TopFeatures

• Addresses further applications and interpretations of Morguard Investments v. De Savoye; a line of authority emerges that takes a different approach to the Morguard principle than that taken in Muscutt. This line of cases is represented by Coutu v. Gauthier.
• Gives close attention to the Uniform Court Jurisdiction and Proceedings Transfer Act, providing coverage of the emerging area of jurisdiction in class actions by examining cases such as Ward v. Canada (Attorney General).
• Examines the 2008 decision in Young v. Tyco International of Canada and looks at the courts' control over parallel proceedings as represented by the Teck Cominco litigation in the BCCA in 2007 and the SCC in 2009. The latter litigation also contains a useful discussion of forum non conveniens principles under CJPTA and how they differ, if at all, from the principles at common law.
• Deals with the 2003 decision of the SCC in Pompey Industrie v. Ecu-Line where the court addresses the effect in Canadian law of choice of forum clauses where the parties have referred all disputes under their contract to the exclusive jurisdiction of some foreign court.
• Explores fully the important SCC decision in Beals v. Saldanha on the enforcement of foreign money judgments. Also includes the decision of the SCC in Pro Swing v. Elta Golf (2006) with its statement of the emerging principles governing the enforcement of foreign non-money judgments.
• Includes a section on the special principles governing the recognition of foreign class action judgments, considering cases such as Currie v. MacDonald's Restaurants of Canada and Lepine v. Canada Post.
• Makes substantial revisions in the choice of law context where developments in the last seven years have been less dramatic. A number of cases have been added or substituted and the text and notes are right up to date.

TopContent Summary

Part One: General

• Chapter 1: Introduction
• Chapter 2: History and Theory
• Chapter 3: Conflicts and the Constitution
• Chapter 4: Public Policy
• Chapter 5: Personal Connecting Factors

Part Two: Jurisdiction

• Chapter 6: Jurisdiction in Personam
• Chapter 7: Discretion To Decline Jurisdiction and Restraint of Foreign Proceedings

Part Three: Judgments

• Chapter 8: Recognition and Enforcement of Foreign Judgments and Arbitral Awards

Part Four: Choice of Law: General

• Chapter 9: Choice of Law Methodology
• Chapter 10: Applying Foreign Law
• Chapter 11: Law of Procedure

Part Five: Obligations

• Chapter 12: Torts
• Chapter 13: Contracts and Restitution

Part Six: Property

• Chapter 14: Immovables
• Chapter 15: Movables
• Chapter 16: Succession

Part Seven: Family Law

• Chapter 17: Marriage and Cohabitation
• Chapter 18: Dissolution of Marriage and Other Unions
• Chapter 19: Nullity
• Chapter 20: Children
• Chapter 21: Matrimonial Property