Full Description
Globalization and the accelerating pace of technological change is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. In this new paradigm, conflict of laws, or private international law, becomes more important with each passing year. This is the third edition of a text originally published in 2010 that presents a thoughtful explanation and analysis of the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.
For the third edition, the chapters dealing with taking and exercising jurisdiction have been rewritten to reflect the recent Supreme Court of Canada decisions in Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP, Douez v Facebook, Inc, and Haaretz.com v Goldhar. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship, and a new chapter on matrimonial property division has been added.
Contents
Preface
Chapter 1: Introduction
Chapter 2: Domicile and Residence
Chapter 3: Exclusion of Foreign Law
Chapter 4: Foreign Currency Obligations
Chapter 5: Jurisdiction
Chapter 6: Declining Jurisdiction
Chapter 7: Anti-Suit Injunctions
Chapter 8: Recognition and Enforcement of Foreign Judgments
Chapter 9: Recognition and Enforcement of Foreign Arbitral Awards
Chapter 10: The Choice of Law Process
Chapter 11: Substance and Procedure
Chapter 12: Pleading and Proof of Foreign Law
Chapter 13: Tort
Chapter 14: Contract
