Castel & Walker: Canadian Conflict of Laws, 6th Edition

Castel & Walker: Canadian Conflict of Laws, 6th Edition

Provides a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.

Publisher: LexisNexis Canada
Country: Canada
Format: Looseleaf
Publication Language: English
ISBN: 9780433449850
Publication Date: 2005-01-01

				Price: $350.00

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Through five successful editions, LexisNexis® Butterworths Castel & Walker: Canadian Conflict of Laws has provided a scholarly yet practical analysis of the vast and continuously growing body of common law, legislation and treaties and conventions that govern private international law as it is applied in Canada.

Now Includes LexisNexis® Quicklaw® Citations

Case references include both the official law report citation and the LexisNexis Quicklaw citation. Allowing you to quickly identify and obtain the full-text decisions relevant to your particular case.

Features and Benefits:

Comprehensive approach - 35 chapters set out the general principles and how they are applied by the courts in virtually every area of civil practice
Practical guidance - Addresses the unique evidentiary and procedural issues that form part of the conflict of laws field
Up-to-date information - The looseleaf format combined with regular releases ensure that the publication always represents the current state of the law as articulated in the hundreds of court decisions handed down each year
Authoritative statement of the law - Written by a top expert in the field of private international law

Particular focus is placed on:

How courts across Canada have been implementing, refining, and sometimes distinguishing, the governing principles articulated in leading cases
Contemporary approaches to conflicts issues in the private law fields including the particular rules that have developed with respect to torts, contracts, property, succession, family law and bankruptcy and insolvency
Impact of recent international developments on the enforcement of civil and commercial judgments worldwide

Billing Method: Updates Billed As Issued

Part One: General Considerations
Chapter 1: Nature and Scope of the Conflict of Laws
Chapter 2: The Constitution and the Conflict of Laws
Chapter 3: Characterization and the Incidental Question
Chapter 4: The Connecting Factors of Domicile and Residence
Chapter 5: Renvoi
Chapter 6: Substance and Procedure
Chapter 7: Proof of Foreign Law and Foreign Documents
Chapter 8: Refusal to Apply Foreign Law or to Enforce Foreign Judgments
Chapter 9: The Time Element

Part Two: Jurisdiction of Canadian Courts — Foreign Judgments and Arbitration Awards
Chapter 10: Persons Who Cannot Sue or Be Sued
Chapter 11: Actions In Personam
Chapter 12: Admiralty Actions In Rem and In Personam
Chapter 13: Declining Jurisdiction
Chapter 14: Recognition and Enforcement of Foreign Judgments
Chapter 15: Arbitration and Recognition and Enforcement of Foreign Arbitral Awards

Part Three: Choice of Law
(A) Family Law
Chapter 16: Marriage
Chapter 17: Matrimonial Causes
Chapter 18: Custody, Access and Guardianship
Chapter 19: Support Obligations
Chapter 20: Legitimacy, Legitimation, Adoption and Determination of Paternity
Chapter 21: Mental Incompetence
(B) Property
Chapter 22: Nature and Situs of Property
Chapter 23: Immovables
Chapter 24: Movables
Chapter 25: Matrimonial Property
Chapter 26: Estates Administration
Chapter 27: Succession
Chapter 28: Trusts
(C) Bankruptcy, Insolvency and Foreign Corporations
Chapter 29: Bankruptcy and Insolvency
Chapter 30: Foreign Corporations
(D) Obligations
Chapter 31: Contracts
Chapter 32: Unjust Enrichment
Chapter 33: Negotiable Instruments
Chapter 34: Foreign Currency Obligations
Chapter 35: Torts

Index

Janet Walker

Janet Walker, B.A. (Hons.), M.A., LL.B., DPhil (Oxon), has been a member of the faculty of Osgoode Hall Law School since 1996 and Associate Dean since 2003. She has assisted members of the profession in both the public and private sectors on conflict of laws and transnational litigation issues, and she has served as an International Advisor to the American Law Institute in its project with Unidroit to develop Transnational Rules of Civil Procedure, and as an arbitrator under the auspices of the International Chamber of Commerce. Professor Walker has lectured in China and Australia and she is a Foreign Research Professor at Tunis II. She has written extensively, and provided expert testimony on a broad range of inter-jurisdictional litigation issues in Canada, the U.S. and elsewhere.

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