Private International Law in Common Law Canada: Cases, Text and Materials, 4th Edition
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Private International Law in Common Law Canada: Cases, Text and Materials, 4th Edition

Stephen G.A. Pitel, Joost Blom, Elizabeth Edinger, Geneviève Saumier, Janet Walker, Catherine Walsh
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Private International Law in Common Law Canada: Cases, Text and Materials, 4th Edition examines the three keys in multi-jurisdictional 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.

The fourth 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.

This current and comprehensive casebook is created by a team of well-respected and prominent Canadian scholars, and continues to be the only casebook of its kind to examine all traditional conflict-of-law issues.

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  • ISBN/ISSN: 978-1-55239-654-4
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ISBN
978-1-55239-654-4
Page Count
1104
Publisher
Emond Publishing
Publication Date
June 2016
Status
Low Stock
Subjects
Public International Law
Tags
Law School Practice Canadian Law

  • Updated analysis of constitutional principles and the assumption of jurisdiction, most notably to address the Supreme Court of Canada’s decision in Club Resorts Ltd. v. Van Breda (2012)
  • Extracts from the Supreme Court of Canada’s decisions in Chevron Corp v. Yaiguaje (2015) on jurisdiction in recognition and enforcement proceedings and Momentous.ca Corp v. Canadian American Association of Baseball Ltd. (2012) on jurisdiction agreements
  • New extracts exploring traditional concepts, such as Foote v. Foote Estate (2011) on the law of domicile, and illustrating challenges posed by the Internet, as seen in Court v. Debaie (2012) and Douez v. Facebook Inc. (2015)
  • Expanded treatment of the Court Jurisdiction and Proceedings Transfer Act
  • Coverage of leading recent developments in cross-border family law concerning same-sex marriages and divorces, polygamous marriages, and surrogacy
  • Detailed, comprehensive, updated references to the leading jurisprudence, legislation and scholarship, and many new notes on the most recent developments and relevant comparative law from other legal systems such as Quebec, the European Union, and the United States

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 and Restraint of Foreign Proceedings

Part Three: Judgments
Chapter 8: Recognition and Enforcement of Foreign Judgments and Arbitral Awards

Part Four: Choice of Law: General
Chapter 9: Choice of Law Methodology
Chapter 10: Applying Foreign Law
Chapter 11: Law of Procedure

Part Five: Obligations
Chapter 12: Torts
Chapter 13: Contracts and Restitution

Part Six: Property
Chapter 14: Immovables
Chapter 15: Movables
Chapter 16: Succession

Part Seven: Family Law
Chapter 17: Marriage and Cohabitation
Chapter 18: Dissolution of Marriage and Other Unions
Chapter 19: Nullity
Chapter 20: Children
Chapter 21: Matrimonial Property

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