Conflict of Laws

Litigating disputes in international civil and commercial cases presents a number of special challenges. Which country's courts have jurisdiction, and where is it advantageous to sue? Given the international elements of the case, which country's law will the court apply? Finally, if a successful plaintiff cannot find enough local assets, what does it take to have the judgment recognized and enforced in a country with assets? This second edition addresses these questions in a concise overview of the field.

This text provides a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.

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.

The Conflict of Laws provides an introduction and analysis of the rules of private international law as they apply in England, describing the topic's three distinct branches comprising the conflict of jurisdictions, the conflict of judgments, and the conflict of laws.

This book examines the three key issues in civil litigation: taking jurisdiction over a dispute, recognizing and enforcing judgment of a foreign court, and identifying the law to be applied in resolving a dispute. This fifth edition also investigates the historical and theoretical underpinnings of private international law, exploring its constitutional implications and its intersections with public policy. The three key issues are explored in the areas of torts, contracts, and unjust enrichment, as well as in property law and succession, and family law.