Conflict of Laws - UBC Law Students Society FIAT JUSTITIA 法律冲突- UBC法律学生协会fiat justitia.doc

LAW325: Conflict of Laws Professor Joost Blom Jennifer Lau Fall 2007 Full CAN (includes commentary case briefs) Introduction to Conflict of Laws (a.k.a. Private International Law) 4 My Conflicts Glossary 4 What is Private International Law? 5 So what happens when these different legal systems clash? 5 3 Standard Conflicts of Law Problems 6 (Judicial) Jurisdiction 6 Choice of Laws 6 Enforcement of Foreign (extra-provincial) Judgments 6 So a BC court can apply Quebec law to a BC lawsuit? Wacky! 7 How have we approached Conflicts of Law jurisprudence? 7 So what the heck is Public International Law? 7 R. v. Hape (2007) SCC 26 8 Air India v. Wiggins [1980] 1 WLR 815 (HL) (the budgie version of R. v. Hape) 8 What happens where individuals seek to enforce foreign Public laws? 8 Theories of Conflicts of Law 9 Principles governing Conflicts of Laws 9 Allegiance 9 Connection 9 Discretion to take jurisdiction 9 Enforcement 10 Substantive rules governing enforcement 10 Procedure 10 Choice of Law 10 Part I: Commencing a Proceeding in a Case Involving Extra-Provincial Elements 10 Existence of Jurisdiction In Personam 10 Introduction 11 Legal Capacity of the Parties (Legal Personality) 11 Individuals 11 Corporations 12 Non-Corporations 12 International Assn of Science Technology for Development v. Hamza (Alta CA 1995) 12 Practically Speaking: Asserting Jurisdiction simpliciter 13 Constitutional Standard 14 Traditional Tests of Determining Jurisdiction 15 Provincial Legislation 15 Forum Non Conveniens 15 Constitutional Dimensions of the Territorial Authority of Canadian Courts 16 Comity 16 Federalism 17 Full Faith and Credit 17 Real and Substantial Connection (RSC) 17 Morguard applies to non-Canadian foreign judgments too 18 What did this mean for Default Judgments? 18 Morguard Investments Ltd. v. De Savoye (1990) SCC 19 Hunt v. TN PLC (1993) SCC 22 Spar Aerospace Ltd. v. American Mobile Satellite Corp (SCC) 2002 23 Statutes governing the assertion of Jurisdiction 24 Court Jurisd