CANADIAN CONFLICT OF LAWS
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1 CANADIAN CONFLICT OF LAWS CASES AND MATERIALS 1997 Professor Janet Walker For Student Use Only Not for Commercial Sale KF 410 C03t 199 ;' : '
2 1. Taking Jurisdiction illl1 11Hi~1 1~ 1i~~~i CANADIAN CONFLICT OF LAWS CASES AND MATERIALS 1997 Professor Janet Walker PART I - JURISDICTION fall TERM FOR USE IN SCHOOL - COURSE NU!,ABER {).. o4-0_ YEAR \ clqt CfS (a) Personal Service (i) Individuals Maharanee of Baroda v. Wildenstein... 2 (ii) Corporations Adams v Cape Industries pie SDI Simulation Group Inc. v. Chameleon Technologies Inc... 6 (iii) Alternatives to Presence (Domicile/Residence) Brussels Convention - Articles (b) Submission (i) By Agreement Mackender v. Feldia AG Brussels Convention - Article (ii) Attornment Gourmet Resources International Inc. (Trustee of) v. Paramount Capital Corp Brussels Convention - Articles 18, (c) R eal and Substantial Connection Rule 17 - Service Outside Ontario Moran v. Pyle National (Canada) Ltd Diamond v Bank of London & Montreal Ltd Brussels Convention - Articles Quebec Civil Code: Book Ten Uniform Court Jurisdiction and Proceedings Transfer Act: Part Determining Appropriate Forum (a) Stays, Injunctions and Negative Declarations Amchem Products Inc. v. British Columbia (Workers' Compensation Board) Spiliada Maritime Corp. v. Cansulex Ltd Societe Nationale Industrielle Aerospatiale v. Lee Kui Juk Frymer v. Brettschneider Jaffe v. Dearing The "Angelic Grace" Midland Bank pie v Laker Airways Ltd I 04 The "Volvox Hollandia" Janet Walker. Special thanks are due to Mr. Robert Tarantino (Osgoode Hall class of 1999) and Ms. Anne Oman for their able assistance in compiling and producing these materials.
3 (b) Multiplicity and Exclusive J urisdiction :.'. : De Dampierre v. De Dampierre... : Henry v Henry Brussels Convention - Articles Guarantee Co. of North America v. Gordon Capital Corp Duke v. Andler Brussels Convention - Articles 16, (c) Transfer of Proceedings and Interim Relief : United States Code Service 1404, Jurisdiction of Courts (Cross-vesting) Act, 1987 (Australia)" Bank invest AG v. Seabrook and Others Unifonn Court Jurisdiction And Proceedings Transfer Act: Part Brussels Convention - Article Torte! Communication Inc. v. Suntel Inc United States of America v. Friedland PART Il - FOREIGN JUDGMENTS 1. The Conclusiveness of Foreign Judgments Godard v. Gray The Requirements for Recognition and Enforcement (a) Prima Facie Enforceability (i) Jurisdiction of the Issuing Court Schibsby v.westenholz Morguard Investments Ltd. v. De Savoye Moses v. Shore Boat Builders Ltd.... : (ii) Final and Conclusive Judgment Four Embarcadero Center Venture v. Mr. Greenjeans Corp Beatty v. Beatty l 81 Reciprocal Enforcement of Support Orders Act Children's Law Reform Act (b) Foreign public law exception United States of America v. Ivey (c) Impeachment (i) Fraud _ India (Union) v. Bumper Development Corp (ii) Natural Justice Servotech Lte v. Hayward Burry Ltd (iii) Public Policy Vervaeke (Formerly Messina) v. Smith Boardwalk Regency Corp. v. Maalouf
4 (d) Alternative Approaches/Federal and Regional Systems Quebec Civil Code: Book Ten , Brussels Convention - Preamble, Articles I, : Constitution of the United States of America, Article IV, Amendments V, XIV International Shoe Co. v. State of Washington Unifonn Enforcement of Canadian Judgments Act (e) Class Proceedings Nantais v. Telectronics Proprietary (Canada) Ltd British Columbia Class Proceedings Act. :..., Harrington v. Dow Coming Corp PART III - CHOICE OF LAW: GENERAL PRINCIPLES 1. Choice of Law Methodology Macmillan Inc v Bishopsgate Investment Trust plc (No 3) Quebec Civil Code: Book Ten Babcock v. Jackson Bernhard v. Harrah's Club Proof of Foreign Law Amosin v. Mercury Bell Bumper Development Corp. Ltd. v. Commissioner of Police of the Metropolis Characterization Beaudoin v. Trudel Ogden v. Ogden (Otherwise Philip) Domicile Winans v. Attorney General Re Annesley Osvath-Latkoczy v. Osvath-Latkoczy Patterson v. Patterson Renvoi Re Annesley Re Ross Ross v. Ross Vladi v. Vladi Substance and Procedure (a) General Principles Tolofson v. Jensen Phrantzes v. Argenti (b) Substance and Procedure - Examples (i) Parties l 0
5 l I! Hal Commodities Cycles Management v. Kirsh (ii) Evidence In re Cohn......, (iii) Remedies Stevens v. Head , Foreign Public Law Laane v. Estonian Cargo & Passenger Steamship Line A-G (UK) v. Heinemann Publishers Australia Pty. Ltd The Incidental Question and the Time Element Schwebel v. Ungar (or Schwebel) Starkowski v. Attorney-General PART IV - CHOICE OF LAW - AREAS OF LAW 1. Torts Tolofson v. Jensen Red Sea Insurance Co. v. Bouygues S.A Private International Law (Miscellaneous Provisions) Act 1995: Part III Shevill v. Presse Alliance SA Contracts Imperial Life Assurance Co. of Canada v. Colmenares "The Rome Convention" Property (a) Immovables Godley v. Coles Bondholders Securities Corp. v. Manville et al Landry v. Lachapelle (b) Movables Macmillan Inc v Bishopsgate Investment Trust pie (No 3) Personal Property Security Act (ss. 5-8) Re Adair Succession (a) Administration Estates Administration Act... _ Estates Act Ontario Rules of Civil Procedure (Rules 74.08, 74.09) (b) Succession Succession Law Reform Act
6 5 Family Law (a) Formal Validity..., Berthiaume v. Dastous McCabe v. McCabe (b) Essential Validity Frew (otherwise Reed) v. Reed Marriage Act Marriage (Prohibited Degrees) Act Feiner v. Demkowicz (falsely called Feiner) Canada (Minister of Employment and Immigration) v. Narwal (c) Divorce and Ancillary Relief Divorce Act Family Law Act PART V - FEDERALISM Breavington v. Godleman and Others Stevens v. Head... : Aetna Financial Services Lim ited v. Feigelman Hunt v. T&N pie
CONFLICT OF LAWS CASES AND MATERIALS Professor Janet Walker. Prepared for Student Use Only Not for Commercial Sale
CONFLICT OF LAWS CASES AND MATERIALS 1996 Professor Janet Walker Prepared for Student Use Only Not for Commercial Sale Class CONFLICT OF LAWS Cases and Materials 1996 Professor Janet Walker Topics - Readings
CONFLICT OF LAWS C ()02 CASES AND MATERIALS "KF 410. Professor Janet Walker 0SGOODE HALL LAW SCHOOL
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CONFLICT OF LAWS 410 C CASES AND MATERIALS. Professor Janet Walker. tj l ) 0SGOODE HALL LAW SCHOOL
tj l ) 0SGOODE HALL LAW SCHOOL CONFLICT OF LAWS 2000 CASES AND MATERIALS Professor Janet Walker For Student Use Only Not for Commercial Sale KF 410 C036 1999-2000 CONFLICT OF LAWS 2000 CASES AND MATERIALS
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