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ISBN: 9781552214367

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Conflict of Laws 2/e

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.

Stephen G.A. Pitel

Stephen GA Pitel (BA Carleton University, LLB Dalhousie University, LLM and PhD University of Cambridge) is a professor at the Faculty of Law of Western University. He has co-authored, edited, or co-edited sixteen books including Emerging Issues in Tort Law (2007), Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act (2012), and Tort Law: Challenging Orthodoxy (2013). He is the general editor of Private International Law in Common Law Canada: Cases, Text and Materials (4th ed, 2016). His teaching and research are focused on international commercial litigation, civil procedure, torts, unjust enrichment, and legal ethics. He has published many articles on the conflict of laws and on legal ethics. He has received several teaching awards including the Ontario Confederation of University Faculty Associations Teaching Award, the Edward G Pleva Award for Excellence in Teaching, and the Bank of Nova Scotia, University of Western Ontario Alumni Association and University Students’ Council Award of Excellence in Undergraduate Teaching.

Nicholas S. Rafferty

Nicholas S Rafferty obtained an undergraduate and a master’s degree in law from the University of Cambridge and a further master’s degree from the University of Illinois. He began teaching at the University of Manitoba in 1975. He is currently an Emeritus Professor of Law at the University of Calgary, where he taught from 1977 to 2015. He is also a member of the Law Society of Alberta. His teaching and research interests included conflict of laws, contracts, and torts. He has written extensively in those and other areas. He was the general editor of Private International Law in Common Law Canada: Cases, Text and Materials (3d ed, 2010). He has received several awards for teaching and scholarship, including the University of Calgary President’s Circle Award for Achievement in Teaching Excellence in 2000 and the Distinguished Service Award from the Law Society of Alberta and the Canadian Bar Association for distinguished service in legal scholarship in 2007.

Chapter Title Abstract Contributors Pages Year Price

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Overview of conflict of laws, including the terminology used, the questions addressed, the types of disputes resolved, and its sources. ; 8 $0.80

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Examination of the concepts of domicile and residence in identifying the law of the place to which an individual has the closest ongoing connection. ; 20 $2.00

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Examination of the tension between comity and the protection of domestic interest in a court’s decision as to whether to exclude or apply foreign law. ; 16 $1.60

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Examination of issues arising from the effect of currency exchange rates on monetary judgments. ; 8 $0.80

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Examination of the court’s general in personam jurisdiction over a defendant, based on presence, consent or assumption. ; 61 $6.10

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Examination of the process by which a court decides whether or not to decline jurisdiction based on a comparison of the relative merits of having the dispute resolved in either the local forum or … ; 31 $3.10

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Examination of the remedy of an anti-suit injunction to restrain proceedings launched or threatened abroad. ; 17 $1.70

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Examination of the factors involved in the question of whether a court will recognize and enforce a decision of a court in another jurisdiction. ; 45 $4.50

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Examination of the regimes for recognizing and enforcing a foreign arbitral award: the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the UNCITRAL Model Law, … ; 10 $1.00

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Examination of the factors involved in how a court determines whether to apply the law of the forum or the law of some other legal system to resolve a dispute. ; 19 $1.90

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Examination of the process of characterizing particular legal rules as either substantive or procedural for the purpose of determining which foreign rules and which domestic rules apply to the … ; 13 $1.30

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Examination of the process of pleading the content of foreign law and proving foreign law. ; 12 $1.20

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Examination of the choice of law rules for tort actions. ; 24 $2.40

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Examination of the choice of law rules for contract actions. ; 20 $2.00

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Examination of the choice of law rules for resolving disputes where the defendant is alleged to have been enriched at the plaintiff’s expense for no juristic reason. ; 19 $1.90

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Introduction to the concepts of immovable and movable property, including choses in action, and the issues involved in determining where property is situated. ; 6 $0.60

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Examination of the issues of Canadian jurisdiction over foreign immovable property, and recognition of foreign judgments affecting land in the forum. ; 17 $1.70

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Examination of the choice of law rules for resolving disputes over ownership of tangible and intangible movable property. ; 12 $1.20

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Examination of issues arising from the administration and distribution of estates involving foreign jurisdictions. ; 31 $3.10

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Examination of the statutory and common law choice of law rules applicable to express trusts. ; 11 $1.10

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Examination of conflict of laws matters arising from issues of marriage validity, polygamy, and civil unions. ; 24 $2.40

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Examination of conflict of laws issues related to the grant of divorce, recognition of foreign divorce decrees, extra-judicial divorces, invalid foreign divorces, and dissolution of civil unions. ; 26 $2.60

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Examination of conflict of laws issues related to granting a marriage nullity decree and recognizing foreign nullity decrees. ; 13 $1.30

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Examination of conflict of laws issues arising in matters of custody of children, abduction of children across borders, and adoption. ; 23 $2.30

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Examination of conflict of laws issues arising from spousal or child support involving divorced or separated partners, unmarried cohabitants, and children of unmarried parents. ; 14 $1.40

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Examination of jurisdictional and choice of law issues arising from division of property at the end of a marriage or common law relationship. ; 10 $1.00