|
Private International Law (PRIL)
EXPLANATION
'Private international law' (PRIL) is mostly about 'venue', ie. where will the trial be held, which amounts to question of geographical jurisdiction. The principles that apply to the selection of geographical court 'venue' (aka 'forum') that applies to a case are generally common to both international and local (ie. national) law. That is, they apply regardless of whether you (or the court) are deciding whether to advance the case between the two competing options of Canada and Australia, or between Ontario or Manitoba -- or for that matter, between Ottawa and Sarnia.
Another significant aspect of PRIL is the 'choice of law' that applies to a case. Readers may be surprised to find that occasionally (as an example), Polish law may find itself argued in California - and any of the many permutations in between.
ALPHABETICAL LIST
UNDERSTANDING
Private International Law - Understanding
GENERAL
Private International Law - General
ADMINISTRATIVE
VAVILOV - PRIL - Administrative
ANTI-SUIT INJUNCTIONS
Private International Law - Anti-suit Injunctions
CONTRACTUAL INTERPRETATION
Private International Law - Contractual Interpretation
EVIDENCE
Private International Law - Evidence
FOREIGN CREDITOR, CONSUL REPRESENTS
|||Consul as official representative [Courts of Justice Act, s.145 (Ont)] [#COURTS]
FOREIGN STATUTORY COMPLIANCE
Private International Law - Foreign Statutory Compliance
FORUM SELECTION CLAUSES
Private International Law - Forum Selection Clauses (+)
|||Agreement as to place of hearing [Courts of Justice Act, s.114 (Ont)] [#COURTS]
LAW, CHOICE OF
Private International Law - Law (+)
Private International Law - "International Consensus"
LAW, PROOF OF
Private International Law - Proof of Law
ORDERS
Private International Law - Orders - Geographical Range
PRESCRIPTIVE LEGISLATIVE JURISDICTION (EXTRA-PROVINCIAL JURISDICTION)
Private International Law - Prescriptive Legislative Jurisdiction (Extra-Provincial Jurisdiction)
VENUE
General
Private International Law - Forum is Ultimately Discretionary to the Court
Private International Law - Forum of Necessity
Private International Law - Comity
Private International Law - Attornment
Private International Law - 'Real and Substantial Connection'
Local Venue Law
Civil Litigation - Venue. [#CIVIL-LITIGATION]
Van Breda
Private International Law - The Leading Van Breda Case
Jurisdiction Simplicter
Private International Law - Jurisdiction Simpliciter (+)
Forum Non Conveniens
Private International Law - Forum Non Conveniens (+)
Tort
Private International Law - Tort Cases
ONTARIO STATUTES
International Choice of Court Agreements Convention Act, 2017
FEDERAL STATUTES
Bank for International Settlements (Immunity) Act
EDIT NOTES
To Do
. Choc v. Hudbay Minerals Inc. et al., 2013 ONSC 998 (CanLII) [Cdn liability of Cdn companies abroad]
. Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP (SCC, 2016) [forum non conveniens within Canada]
. CSA8-Garden Village, LLC v. Dewar (Ont Sup Ct, 2013)
. Morguard Investments Ltd. v. De Savoye
. Beals v. Saldanha
. Grayson Consulting Inc. v. Lloyd (Ont CA, 2019)
|
