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Full-Text Articles in Law

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier Oct 1995

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier

Dalhousie Law Journal

While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …


Federalism And The Conflict Of Law: The Curious Position Of The Supreme Court Of Canada, John Swan Jul 1995

Federalism And The Conflict Of Law: The Curious Position Of The Supreme Court Of Canada, John Swan

South Carolina Law Review

No abstract provided.


Aspects Of Constitutional Judicial Review In Canada, T. A. Cromwell Jul 1995

Aspects Of Constitutional Judicial Review In Canada, T. A. Cromwell

South Carolina Law Review

No abstract provided.