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. Stephen Pitel and Nicholas 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.
For the second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act. In addition, a new chapter on matrimonial property division has been added. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship.
Preface
Chapter 1: Introduction
Chapter 2: Domicile and Residence
Chapter 3: Exclusion of Foreign Law
Chapter 4: Foreign Currency Obligations
Chapter 5 Jurisdiction In Personam
Chapter 6: Forum Non Conveniens
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 Procedur
Chapter 12: Pleading and Proof of Foreign Law
Chapter 13: Tort
Chapter 14: Contract
Chapter 15: Unjust Enrichment
Chapter 16: Nature and Situs of Property
Chapter 17: Immovable Property
Chapter 18: Movable Property
Chapter 19: Succession
Chapter 20: Trusts
Chapter 21: Marriage
Chapter 22: Divorce
Chapter 23: Nullity
Chapter 24: Children
Chapter 25: Support Obligations
Chapter 26: Matrimonial Property
Table of Cases
Index
About the Authors
