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"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
"Are We There Yet?": Towards A New Rule For Choice Of Law In Tort, Janet Walker
Osgoode Hall Law Journal
The Supreme Court's effort to establish certainty in this area by basing a firm rule on a clear theory has failed. The intention was laudable but the proposed theory bore little relation to the courts' adjudicative concerns; and the rule sometimes produced injustice, prompting courts to circumvent it. This article considers the brief history of choice of law in tort and recent developments in common law and civil law jurisdictions, and suggests a new theory and a new rule (based on principles of tort law rather than public international law) which are likely to increase certainty by promoting fairness.
Back To The Future!: Is The "New" Rigid Choice Of Law Rule For Interprovincial Torts Constitutionally Mandated?, Jean-Gabriel Castel
Back To The Future!: Is The "New" Rigid Choice Of Law Rule For Interprovincial Torts Constitutionally Mandated?, Jean-Gabriel Castel
Osgoode Hall Law Journal
In the last few years, the Supreme Court of Canada has held that private international law rules applicable to the jurisdiction of Canadian courts and the recognition and enforcement of the judgments of sister provinces must conform to the demands of territoriality and the principles of order and fairness which flow from the existence of an implied Full Faith and Credit clause in the Canadian Constitution. More recently, the Court has decided that, with respect to choice of law, the ancient lex loci delicti rule is applicable to both interprovincial and foreign torts and that it admits no exceptions in …