Conflict of Laws - Foreign Tort - Not Justifiable by the Lex Loci Delicti - Residence of Defendant - Interprovincial Comity - Judicial Creativity

The conflict of laws rule applicable in foreign tons contains two conditions. First, the wrong must be actionable under the law of the forum. Second, the wrong must not be justifiable by the law of the place where the tort occurred. Professor Castel welcomes a recent decision of the Ontario Court of Appeal further refining the second condition of the rule. However, he argues that the decision of the Court of Appeal is actually a disguised attempt to adopt the doctrine of the proper law of the tort dependent upon establishing which jurisdiction has the most significant relationship with the tort. In his call for reform Professor Castel drafts a new foreign torts rule with a proper law of the tort exception that is only to be applied in special circumstances