Abstract

https://ssrn.com/abstract=578601
 
 

Footnotes (201)



 


 



Strangers in a Strange Land - Transnational Litigation, Foreign Judgment Recognition, and Enforcement in Ontario


Antonin I. Pribetic


Ministry of the Attorney General -Crown Law Office -Civil


Journal of Transnational Law & Policy, Vol. 13, No. 2, pp. 347-391, 2004

Abstract:     
Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits arises from companies relying upon standard or boiler plate contracts or invoices when selling goods and services to customers or buying products from suppliers or third parties. This article discusses transnational contractual and litigation issues in Canada, with specific application to the province of Ontario. This article first addresses, from an Ontario company perspective, the importance of incorporating choice of forum, choice of law, and time of the essence clauses in standard international contracts, with particular reference to the United Nations Convention on Contracts for the International Sale of Goods. The second part draws upon the jurisdictional issues prevailing when foreign defendants are sued in Ontario, including procedural and substantive law considerations. Finally, a discussion of the principles for recognition and enforcement of foreign judgments in Ontario necessarily involves a review of the Supreme Court of Canada's landmark decision in Morguard Investments Ltd. v. de Savoye, and the recently released decision in Beals v. Saldanha. An appreciation of the complexities and subtleties within developing Canadian jurisprudence in the transnational litigation context offers foreign and domestic litigants an opportunity to consider the benefits and drawbacks of litigating in Ontario.

Number of Pages in PDF File: 45

Keywords: International sales, contracts, CISG, Convention, jurisdiction, forum non conveniens

JEL Classification: K12, K33, K41


Open PDF in Browser Download This Paper

Date posted: August 20, 2004  

Suggested Citation

Pribetic, Antonin I., Strangers in a Strange Land - Transnational Litigation, Foreign Judgment Recognition, and Enforcement in Ontario. Journal of Transnational Law & Policy, Vol. 13, No. 2, pp. 347-391, 2004. Available at SSRN: https://ssrn.com/abstract=578601

Contact Information

Antonin I. Pribetic (Contact Author)
Ministry of the Attorney General -Crown Law Office -Civil ( email )
Ontario
Canada
416-326-4008 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 1,547
Downloads: 180
Download Rank: 132,543
Footnotes:  201