CURRENT DEVELOPMENTS IN CANADIAN PRIVATE INTERNATIONAL LAW

Authors

  • WILLIAM TETLEY

Keywords:

International Law

Abstract

Private international law in Canada was long dominated by a spirit of dependence on the common law conflicts rules inherited from England. Since 1990, however, a number of major decisions by the Supreme Court of Canada have served to liberate the country from a slavish reliance on outmoded British rules, and have laid the foundation for a modern, made-in-Canada law of conflicts. These developments in Canada's common law have been paralleled by the new rules of private international law enacted as part of the Québec Civil Code 1991 (in force in 1994). In consequence, one may speak of a veritable "Canadian conflicts revolution". This article outlines the history of that revolution, starting with the Supreme Court's four major decisions, and illustrates the repercussions of the new conflicts thinking in the case law of provincial courts of appeal across the country since 1996.

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Published

1999-03-01

Issue

Section

Legal Commentary