Product Description
Conflict of laws, or private international law as it is also known, becomes more relevant each year. Globalization is breaking down borders in commercial transactions and family relationships, yet much of our law continues to have territorial limitations. This thoughtful treatise clearly and concisely explains and analyzes the rules of conflict of laws in common-law Canada. Understanding these rules allows lawyers, judges, arbitrators, scholars and students to better address legal situations that span borders, whether international or interprovincial.
Conflict of laws deals with three central questions. The first is whether a court has jurisdiction to hear a particular dispute. The second is what law a court will apply in resolving a dispute. The third is whether a court will recognize and enforce a decision of a court in another jurisdiction.
For the third edition, the chapter on declining jurisdiction has been reorganized and updated in light of the Supreme Court of Canada’s decisions in Douez v Facebook, Inc (2017) and Haaretz.com v Goldhar (2018). All chapters have been updated to reflect new decisions, legislative changes and recent scholarship.
