Add to ORKGThe conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdiction of the courts of other Canadian provinces just as they are immune from the jurisdiction of foreign courts. This reflects the old views that the provinces are like foreign countries for the purposes of the conflict of laws and that court jurisdiction over the Crown is purely a creature of statute. Recent recognition of the constitutional bases for court jurisdiction and the need to reassess conflict of laws rules in light of the principles of Canadian federalism invites us to revisit interprovincial sovereign immunity, especially as it could arise in multi-province class actions against the Crowns in right of the provinces
While the shortcomings of the common law rules of private international law were being reformed by s...
The continuing evolution of the “real and substantial connection” test for the recognition and enfor...
This article analyzes recent developments in the Canadian common law of forum non conveniens as it i...
The conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdictio...
This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian court...
In Canadian Western Bank v. Alberta and British Columbia v. Lafarge, the Supreme Court of Canada sig...
The doctrine of “interjurisdictional immunity” is part of the framework of principles of Canadian fe...
Implicit in the federal principle is the need to give equal respect to provincial and federal claims...
The doctrine of interjurisdictional immunity holds that valid, generally worded legislation enacted ...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
The federal form of government does not need a dual court system corresponding to the dual legislati...
The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdicti...
As the state comes to play a larger role in the community the question of the ex tent to which gove...
Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immu...
The question as to whether the Canadian provinces possess international status caused much ink to fl...
While the shortcomings of the common law rules of private international law were being reformed by s...
The continuing evolution of the “real and substantial connection” test for the recognition and enfor...
This article analyzes recent developments in the Canadian common law of forum non conveniens as it i...
The conventional wisdom has been that the Canadian provincial Crowns are immune from the jurisdictio...
This article addresses persons who claim immunity from the compulsory jurisdiction of Canadian court...
In Canadian Western Bank v. Alberta and British Columbia v. Lafarge, the Supreme Court of Canada sig...
The doctrine of “interjurisdictional immunity” is part of the framework of principles of Canadian fe...
Implicit in the federal principle is the need to give equal respect to provincial and federal claims...
The doctrine of interjurisdictional immunity holds that valid, generally worded legislation enacted ...
In the last few years, the Supreme Court of Canada has held that private international law rules app...
The federal form of government does not need a dual court system corresponding to the dual legislati...
The doctrine of the immunity of foreign governments from the adjudicatory and enforcement jurisdicti...
As the state comes to play a larger role in the community the question of the ex tent to which gove...
Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immu...
The question as to whether the Canadian provinces possess international status caused much ink to fl...
While the shortcomings of the common law rules of private international law were being reformed by s...
The continuing evolution of the “real and substantial connection” test for the recognition and enfor...
This article analyzes recent developments in the Canadian common law of forum non conveniens as it i...