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- Title
"AFTER THE STORM: THE IMPACT OF THE FINANCIAL CRISIS ON PRIVATE INTERNATIONAL LAW": JURISDICTION.
- Authors
McEvoy, John P.
- Abstract
The article examines the application of assumed jurisdiction and the recognition of foreign judgments to private international law. It focuses on several court cases involving jurisdictional issues and extraprovincial judgments held in the Supreme Court of Canada. It also looks at the decision of the justices and the jurisdictional approach used in court cases such as Morguard Investments Ltd. v. De Savoye, Muscutt v. Courcelles, and Van Breda v. Village Resorts Ltd. According to the author, certainty in matters of jurisdiction is complex in promoting legal efficiency and cost-savings for litigants in times of financial crisis. It also concludes that in the determination of order and fairness in dispute resolution, the courts should advance cost-savings in litigation and legal analysis.
- Subjects
CANADA; CONFLICT of laws -- Jurisdiction; CONFLICT of judicial decisions; EXTERRITORIALITY; JURISDICTION (International law); INTERNATIONAL law; INTERNATIONAL arbitration; PUBLIC law; VILLAGE Resorts Inc.; MORGUARD Investments Ltd.; CANADA. Supreme Court; ACTIONS &; defenses (Law)
- Publication
University of New Brunswick Law Journal, 2010, Vol 60, p55
- ISSN
0077-8141
- Publication type
Article