Reform of Ontario's Law on Jurisdiction

47 Canadian Business Law Journal 469, 2009

14 Pages Posted: 24 Jul 2012

See all articles by Vaughan Black

Vaughan Black

Dalhousie University - Law School

Stephen G. A. Pitel

University of Western Ontario - Faculty of Law

Date Written: 2009

Abstract

Globalization gets the credit and the blame for many things, and one of these is the increasing amount of civil and commercial litigation in Canada that involves factual connections to more than one country or province. Our courts see the disputes generated by a higher volume of cross-border transactions and operations. These raise questions of private international law, and one of the most important of these is whether the court chosen by the plaintiff has jurisdiction to resolve the matter.

Accordingly, it is timely that the Law Commission of Ontario has decided to issue a Consultation Paper examining the exercise of jurisdiction by Ontario courts in civil cases. The Paper is by Janet Walker, a leading Canadian private international law scholar, with input from a working group of other scholars in the field. The Paper was issued in early March 2009 and the period for comments was open until April 13, 2009. The Law Commission plans to prepare a formal report setting out its recommendations for legislative action. It also contemplates issuing further consultation papers on other aspects of cross-border litigation, such as proof of foreign law and enforcement of foreign judgments.

This comment focuses on some of the more central issues raised in the Paper. Jurisdiction is a broad topic and reforming it is a huge undertaking, so any response must of necessity be selective. This comment also appreciates that the Paper, as befits its role, raises some issues without taking a position on them.

Keywords: Ontario, private international law, jurisdiction, Law Commission, civil, cross-border litigation

Suggested Citation

Black, Vaughan and Pitel, Stephen G. A., Reform of Ontario's Law on Jurisdiction (2009). 47 Canadian Business Law Journal 469, 2009, Available at SSRN: https://ssrn.com/abstract=2116592

Vaughan Black (Contact Author)

Dalhousie University - Law School ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

Stephen G. A. Pitel

University of Western Ontario - Faculty of Law ( email )

London, Ontario N6A 3K7 N6A 3K7
Canada

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