LE FOR DU DOMMAGE EN DROIT INTERNATIONAL PRIVÉ QUÉBÉCOIS

LE TEMPS D’UNE ÉVOLUTION

Abstract

The place where the damage is sustained is a critical connecting factor in international civil liability litigation. The jurisdiction of Quebec courts is facilitated by a broad interpretation of this criterion, which does not distinguish between direct and indirect damages, contractual and tortious liability. The exceptional doctrine of forum non conveniens would intervene to attempt to remedy the lack of proximity between the forum and the dispute that may arise. However, the latter does not respond effectively to the jurisdictional overreach resulting from the dominant position in the case law. This paper offers a critical reflection on the issue and defends an interpretation that would make it possible to remedy the shortcomings of the extensive approach to the criterion of damage as jurisdictional ground in Quebec private international law.