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International Law - Sea Changes in Canadian Conflict of Laws Practice: An Update
Date:
May 30, 2007
Description
Canadian approaches to conflict of laws practice has changed dramatically in a relatively short space of time. Basic principles relative to jurisdiction and the recognition of foreign judgments in particular have been revised significantly by the Supreme Court of Canada as a matter of judge-made law. Important initiatives are also being pursued by the Government of Canada, with the cooperation of provincial governments, at the international level which may result in further revisions to the law through the domestic implementation of treaty reforms of private international law rules. The Uniform Law Conference of Canada is pursuing similar objectives through home-grown model legislation. All of the above is reflective of a growing Canadian awareness of -- and a growing international consensus between states to address – the increasing globalization of civil litigation. Hence, the need for a program such as this. It is not insignificant in this regard that one of the central Supreme Court of Canada authorities indicative of this new era was a product, in part, of solicitor’s negligence funded by legal insurance coverage! Our panel, drawn from the most knowledgeable ranks of the litigation bar and government will give you an informative snapshot of what you need to know, and some appreciation over what we all need to learn and be aware of in our practices, and, of course, there is lunch!
Barry Glaspell, Partner, Borden Ladner Gervais LLP Antonin Pribetic, Steinberg Morton Hope & Israel LLP Kathryn Sabo, General Counsel, International Private Law Section, Department of Justice Canada (Ottawa) H. Scott Fairley, Partner, Theall Group LLP