Private international law, also known as conflict of laws, refers to the intersections of law between private citizens of different countries and the recognition, regulation, and enforcement of legal rights in cases involving foreign entities. Commonplace in modern commerce and increasingly prevalent in areas such as family law, private international law presents challenging legal issues for Canadian courts.
Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition introduces the historical and theoretical underpinnings of private international law, exploring its constitutional implications and intersections with public policy. It examines three key issues: taking jurisdiction over a dispute, recognizing and enforcing the judgment of a foreign court, and identifying the law to be applied in resolving a dispute. These issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law, succession, and family law.
The fifth edition of this comprehensive casebook features updated case law and current legislation relevant to important issues such as the recognition and enforcement of foreign judgments, and family law matters. Authored by a team of prominent Canadian scholars, Private International Law in Common Law Canada continues to be the only casebook of its kind to examine all traditional conflict-of-law issues.
- Teaches students to recognize conflict of laws situations, to understand the complexities involved in identifying and applying the law, and to consider these challenges in the context of a variety of different case types.
- Detailed, comprehensive, and updated references to the leading jurisprudence, legislation and scholarship, and new content on the most recent developments and relevant comparative law from other legal systems
New cases to this edition include:
- Actava TV, Inc v Matvil Corp, 2021 ONCA 105, addressing the enforcement of a letter of request (“LoR”).
- com v Goldhar, 2018 SCC 28,  2 SCR 3, clarifying the approach for determining the issue of forum non conveniens on motions for a stay of action in internet defamation cases.
- Lanfer v Eilers, 2021 BCCA 241, regarding the recognition and enforcement of a foreign judgment ordering specific performance.
- Ludwig v Ludwig, 2019 ONCA 680, in which the hybrid model is applied to determining the habitual residence of children, considering both parental intention and the circumstances of the children.
- Uber Technologies Inc. v Heller, 2020 SCC 16, in which the parties disagreed on the arbitration statute applicable to their dispute.
Table of Contents
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
- Chapter 8: Injunctions to Restrain Foreign Proceedings
Part Three: Foreign Judgments
- Chapter 9: Recognition and Enforcement of Foreign Judgments and Arbitral Awards
Part Four: Choice of Law: General
- Chapter 10: Choice of Law Methodology
- Chapter 11: Applying Foreign Law
- Chapter 12: Law of Procedure
Part Five: Obligations
- Chapter 13: Torts
- Chapter 14: Contracts and Unjust Enrichment
Part Six: Property
- Chapter 15: Immovables
- Chapter 16: Movables
- Chapter 17: Succession
Part Seven: Family Law
- Chapter 18: Marriage and Cohabitation
- Chapter 19: Dissolution of Marriage and Other Unions
- Chapter 20: Children
- Chapter 21: Family Property