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The Constitution Of Canada And The Conflict Of Laws, Janet Walker

Janet Walker

This thesis explains the constitutional foundations for the conflict of laws in Canada. It locates these constitutional foundations in the text of key constitutional documents and in the history and the traditions of the courts in Canada. It compares the features of the Canadian Constitution that provide the foundation for the conflict of laws with comparable features in the constitutions of other federal and regional systems, particularly of the Constitutions of the United States and of Australia. This comparison highlights the distinctive Canadian approach to judicial authority-one that is the product of an asymmetrical system of government in which the …

Reforming The Law Of Crossborder Litigation: Judicial Jurisdiction, Janet Walker

Janet Walker

This consultation paper prepared for the Law Commission of Ontario, in association with a Working Group of private international law specialists, considers the current state of the common law in Ontario and the options for codification.

Parallel Proceedings-Converging Views: The Westec Appeal, Janet Walker

Janet Walker

The flexibility afforded by new rules for jurisdiction and judgments creates opportunities for parallel proceedings and the potential for inconsistent results. Could mechanisms developed in other systems be adopted, such as the lis pendens rule in Europe, or would they merely replace the 'race to judgment' with a 'race to file'? What might a "made in Canada" solution look like? Would it succeed in preventing abuse without compromising fairness in the individual case?

The Canmar Fortune: The Supreme Court Of Canada Puts Jurisdiction Agreements Back On Course, Janet Walker

Janet Walker

The Supreme Court of Canada's decision in The Canmar Fortune endorses the "strong cause test" for determining when to give effect to exclusive jurisdiction agreements.

The Constitution Of Canada And The Conflict Of Laws, Janet Walker

Janet Walker