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Conflict of Laws

Conflict of Laws

2nd edition

By Stephen GA Pitel and Nicholas S Rafferty


Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year. Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Stephen Pitel and Nicholas Rafferty have written a highly readable and thoughtful treatise that explains and analyzes the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.

For the second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act. In addition, a new chapter on matrimonial property division has been added. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship.



1. Introduction
2. Domicile and Residence
3. Exclusion of Foreign Law
4. Foreign Currency Obligations
5. Jurisdiction In Personam
6. Forum Non Conveniens
7. Anti-Suit Injunctions
8. Recognition and Enforcement of Foreign Judgments
9. Recognition and Enforcement of Foreign Arbitral Awards
10. The Choice of Law Process
11. Substance and Procedur
12. Pleading and Proof of Foreign Law
13. Tort
14. Contract
15. Unjust Enrichment
16. Nature and Situs of Property
17. Immovable Property
18. Movable Property
19. Succession
20. Trusts
21. Marriage
22. Divorce
23. Nullity
24. Children
25. Support Obligations
26. Matrimonial Property

Table of Cases
About the Authors


Published 31 August 2016
Publisher Irwin Law (Canada)
ISBN 9781552214367
Australian RRP $99.00
International Price $90.00
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Law - Canadian Law
Law - Legal Profession / Legal Practice

Essentials of Canadian Law

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