Conflict of Laws
Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year. Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Professors Pitel and Rafferty have written a highly readable and thoughtful treatise that explains and analyzes 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.
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Types of Disputes
Domicile and Residence
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Alberta Amchem analysis anti-suit injunction applicable law approach arbitral award assets basis British Columbia Canada Canadian courts Chapter characterization choice of law CJPTA class action clause comity common law Conflict of Laws considered contract court held Court of Appeal Court of Canada decision defendant determine dispute divorce domestic domicile enforcement of foreign English court example fact foreign court foreign judgment foreign law forum non conveniens governed Ibid interprovincial issue jurisdic jurisdiction Justice law rule legal system legislation lex situs limitation period litigation Lord marriage ment Model Law Muscutt non-monetary judgments Ontario court Ontario law Ontario Rules paras parties plaintiff principles Private International Law procedural proceedings proper law provides province public policy punitive damages question real and substantial recognition and enforcement recognize renvoi residence resolved Saskatchewan service ex juris statute statutory stay substantial connection test Supreme Court tion Tolofson unjust enrichment validity