The Other Side of Morguard: New Limits on Judicial Jurisdiction
22 Can. Bus. L. J. 4, 1993
25 Pages Posted: 22 Aug 2013
Date Written: 1993
Morguard Investments Ltd. v. De Savoye has been described as a "seminal", "landmark decision" which "reshapes the legal geography of a region". Even discounting the fact that the epithets come from Canadian conflicts of law scholars, who do not get a new Supreme Court of Canada judgment to ponder every day, there is no question that Morguard is a significant legal development. It is my contention, however, that disproportionate attention has been devoted to the effect of that case on the rules for enforcement of foreign judgments; too little attention has been given to rewriting the standard for the assumption of adjudicatory jurisdiction. I hope to begin to redress that here.
Keywords: jurisdiction, conflict of law, enforcement of foreign judgments, assumption of adjudicatory jurisdiction, Morguard
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