Halsbury's Laws of Canada – Conflict of Laws (2020 Reissue)
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The realities of a global marketplace and shrinking political borders mean that the application and reach of law are seldom confined to a province, a country or even a continent. The field of conflict of laws, also known as private international law, concerns the mechanisms for addressing cross-jurisdictional legal conflicts in regard to three major areas:
- Choice of law
- Choice of jurisdiction
- Recognition and enforcement of foreign judgments
Newly and thoroughly revised, Halsbury's Conflict of Laws (2020 Reissue) analyzes and explains the broad range of conflict questions and rules impacting Canada's 14 jurisdictions, including issues such as:
- Jurisdiction of the courts
- Criteria for exercising
- Consent, including attornment, agreement and persons protected from waiver of access to their local courts
- Defendant's forum
- Class proceedings
- Real and substantial connection to forum
- Discretion in exercising jurisdiction
- Limits on jurisdiction, including state, diplomatic, consular, procedural and jurisdictional immunity
- Cross-border matters
- Service outside the jurisdiction
- Security for costs
- Letters rogatory, including obtaining evidence and interprovincial subpoenas
- Recognition and enforcement of judgments in Canadian courts
- International conventions
- Excluding, ascertaining, pleading and proving foreign law and documents
- Choice of law analysis
- Procedural issues
- Contracts, torts and unjust enrichment
- Family law issues
- Divorces and corollary relief
- Matrimonial property
- oLegitimacy, adoption and parentage
- Custody, access and guardianship
- Support orders
- Mentally incapable adults
- Bankruptcy, insolvency, corporations and foreign currency
Table of contents
IV. Applicable Law Analysis
VI. Family Law
VIII. Bankruptcy, Insolvency, Corporations and Foreign Currency
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