CONFLICT OF LAWS 410 C CASES AND MATERIALS. Professor Janet Walker. tj l ) 0SGOODE HALL LAW SCHOOL
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1 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 C
2 CONFLICT OF LAWS 2000 CASES AND MATERIALS Professor Janet Walker*. : ~, Introduction Beals v Saldanha Taking Jurisdiction PART I - JURISDICTION (a) Presence (i) Individuals Maharanee of Baroda v Wildenstein Burhnam v Superior Court (ii) Corporations Adams v Cape Industries plc UK Companies Act 1985, s. 694A SDI Simulation Group Inc. v Chameleon Technologies Inc Tortel Communications Inc. v Suntel, Inc. (Assets) (iii) Alternatives to Presence (Domicile/Residence) Brussels Convention - Articles (b) Submission..., (i) Agreement Mackender v. Feldia AG Underwriters at Loyds' Mauran Brussels Convention - Article (ii) Attornment Gourmet Resources International Inc. (Trustee of) v. Paramount Capital Corp Roglass Consultants v Kennedy Dovenmuehle v Rocca Group Brussels Convention - Articles 18, (c) Real and Substantial Connection Rule 17 - Service Outside Ontario Moran v. Pyle National (Canada) Ltd Diamond v Bank of London & Montreal Ltd (c) Alternate Appr oaches Brussels Convention - Articles Quebec Civil Code: Book Ten Uniform Court Jurisdiction and Proceedings Transfer Act: Part ' 1999 Janet Walker
3 2. Determining Appropr iate For um (a) Stays, Injunctions and Negative Declarations (i) The Test Established Amchem Products Inc. v British Columbia (Workers'Compensation Board) Spiliada Maritime Corp. v Cansulex Ltd Societe Nationale Industrielle Aerospatiale v Lee Kui Juk (ii) The Burden of Proof Frymer v Brettschneider (iii) Personal or Juridical Advantage Jaffe v Dearing Connelley v Rtz Corporation Cle (iv) Jurisdiction Agreements The "Angelic Grace" (v) The Injunction Test Revisited Airbus Industrie GIE v Patel (HL) Hudon v Geos Language Corporation (vi) Single Forum Cases/Negative Declarations Midland Bank plc v Laker Airways Ltd (b) Multiplicity , De Dampierre v. De Dampierre Henry v Henry Brussels Convention - Articles Canadian National Railway Co v Sydney Steel Corp BC Ltd v Thrifty Canada (c) Exclusive Jur isdiction Duke v. Andler Brussels Convention - Articles 16, Voyage Co. Industries v Craster ( d) Transfer of Proceedings United States Code Service 1404, Jurisdiction of Courts (Cross-vesting) Act, 1987 (Australia) Bankinvest AG v Seabrook Uniform Court Jurisdiction And Proceedings Transfer Act: Part ( e) Interim Relief ,.PART II - J UDGMENTS 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) Characteristics of an Enforceable Judgment Four Embarcadero Center Venture v Mr. Greenjeans Corp Uniforet Pate Port-Cartier v. Zerotech Technologies Inc Silverstar Properties Ltd. V. Veinotte Beatty v Beatty Reciprocal Enforcement of Support Orders Act Children's Law Reform Act Komorychka v. Lee (b)-foreign public law exception United States of America v Ivey Foreign Extraterritorial Measures Act (c)4:mpeachment (i) Fraud India (Union) v Bumper Development Corp Beals v Saldanha (ii) Natural Justice Servotech Lte v Hayward Burry Ltd (iii) Public Policy Vervaeke (Formerly Messina) v Smith Boardwalk Regency Corp. v Maalouf Kidron v Grean Alternate Approaches/Federal and Regional Systems Quebec Civil Code: Book Ten Bmssels Convention - Preamble, Articles 1, Constitution of the United States of America, Article IV, Amendments V, XIV International Shoe Co v. State of Washington Uniform Enforcement of Canadian Judgments Act Brussels Convention - Article Aetna Financial Services Limited v Feigelman Republic of Haiti v Duvalier United States of America v Friedland
4 PART III - CHOICE OF LAW: GENERAL PRINCIPLES 1. Choice of Law Methodology Macmillan Inc v Bishopsgate Investment Trust pie (No 3) Quebec Civil Code: Book Ten, Title One - General Provisions Babcock v Jackson Bernhard v Harrah's Club 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 Proof of Foreign Law Amosin v Mercury Bell Bumper Development Corp. Ltd. v Commissioner of Police of the Metropolis Etier v Kertesz Pettkus v Becker Characterization Beaudoin v Trudel Agnew et Uxor v Gober et Vir Domicile Quebec Civil Code: Book Ten, Title Two, Chapter I - Personal Status Winans v Attorney General Re Annesley Osvath-Latkoczy v Osvath-Latkoczy Patterson v Patterson White v Tennant Family Law Act, RSO 1990, c F.3, ss. 64, PART IV - CHOICE OF LAW - AREAS OF LAW 1. Torts Tolofson v Jensen Johnson v Coventry Churchill International Ltd Red Sea Insurance Co. v Bouygues S.A Hanlan v Sernesky Private International Law (Miscellaneous Provisions) Act 1995: Part III Shevill v Presse Alliance SA z. Contracts (a) Determining the Proper Law The Star Texas Imperial Life Assurance Co. of Canada v Colmenares Amin Rasheed Shipping Corporation v Kuwait Insurance Co Quebec Civil Code: Articles "The Rome Convention", Articles 1-4, Renvoi Re Annesley (b) A:pplying!he Proper Law... : Re Ross (1) Capacity Ross v Ross Quebec Civil Code: Articles Vladi v Vladi "The Rome Convention", Article Bondholders Securities Corp. v Manville Substance and Procedure (ii) Validity... _ Quebec Civil Code: Articles (a) The Basic Rule Tolofson v. Jensen Phrantzes v. Argenti (b) Examples (i) Parties Hal Commodities Cycles Management v. Kirsh (ii) Evidence In re Cohn (iii) Remedies Stevens v. Head (c) Harmonization of the Law of Procedure American Law Institute, Transnational Rules of Civil Procedure ''The Rome Convention", Articles Etler v Kertesz (iii) Special Kinds of Contracts Quebec Civil Code: Articles "The Rome Convention", Articles 5-7, (iv) Harmonization of the Law of International Sales. Contracts International Sale of Goods Act Property Quebec Civil Code, Article (a) Immovables Godley v. Coles Landry v. Lachapelle
5 449 (b) Movables Quebec Civil Code: Articles Macmillan Inc v Bishopsgate Investment Trust plc (No 3) Personal Property Security Act (ss. 5-8) Re Adair Succession 462 Quebec Civil Code: Articles , (a) Administration...." :~; Estates Administration Act... Et t Act s a es Ontario Rules of Civil Procedure (Rules 74.08, 74.09) (b) Succession Succession Law Reform Act Re V ak Estate Family Law. 469 (a) Formal Validity... 0 Quebec Civil Code: Articles : 47 B e rth 1aume. v. D as t ous McCabe v. McCabe (b) E ssent1a. I Valid't 1 y g d en v 0 g d en (0 t h erw1se. Ph'l'p) l... Frew (otherwise Reed) v. Reed :~~ Marriage Act M arnage. (P ro h"b't 1 l e dd egrees )Act Feiner v Demkowicz (falsely called Feiner) Canada (Minister of Employment and Immigration) v Narwal (c) D. ivorce an d A nc1 11 ary R e 1 er Quebec Civil Code: Articles , D. Act vorce Family Law Act.... PART V - FEDERALISM B reav1ngton. v G o dl eman Stevens v Head H unt v. T&N pc Nantais v Telectronics Proprietary (Canada) Ltd B ntts h C o 1 um b. 1a Cl ass P r oceed1'ngs Act H amngton. v D ow C om1ng. Corp
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CANADIAN CONFLICT OF LAWS CASES AND MATERIALS 1997 Professor Janet Walker For Student Use Only Not for Commercial Sale KF 410 C03t 199 ;' : ' 1. Taking Jurisdiction 1 11 1 1illl1 11Hi~1 1~ 1i~~~i1 1111
CONFLICT OF LAWS C ()02 CASES AND MATERIALS "KF 410. Professor Janet Walker 0SGOODE HALL LAW SCHOOL
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