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Conflict of laws 2022 BCSC 1670

Al-Marzouq v. Nafissah

The Supreme Court of British Columbia dismissed an amended tort claim as statute barred, holding the limitation period had run under BC law and the result was unchanged under the New Act.

  • Discoverability
  • Statute of limitations
  • Lex loci delicti
  • Summary trial
  • Amendment of pleadings without prejudice
  • Limitation-of-actions
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Defamation 2021 BCSC 54

Giustra v. Twitter, Inc.

The court held it had jurisdiction over an internet defamation claim against Twitter and refused to stay the case in favour of California.

  • Internet defamation
  • Territorial competence
  • Real and substantial connection
  • Forum non conveniens
  • Lex loci delicti
  • Comity
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Tort 2020 BCSC 1506

Bell v. James

The court stayed a BC insurance and wrongful-death dispute against Anna James, finding Manitoba was the clearly more appropriate forum under the CJPTA.

  • Forum non conveniens
  • Jurisdiction
  • Wrongful death
  • Undue influence
  • Unjust enrichment
  • Beneficiary designation
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Private international law 2018 SCC 28

Haaretz.com v. Goldhar

The Supreme Court of Canada confirmed Ontario had jurisdiction over an internet defamation claim, but stayed the action because Israel was the clearer forum.

  • Situs of tort
  • Real and substantial connection
  • Presumptive connecting factors
  • Rebuttal of jurisdiction
  • Most substantial harm test
  • Lex loci delicti
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Civil litigation 2017 BCSC 2358

Misterly v. Nowicki

The court held Alberta’s Limitations Act governed an Alberta lawyer negligence claim and barred the action because the alleged omissions occurred in 2000 and the 10-year ultimate limitation had expired.

  • Limitation periods
  • Lex loci delicti
  • Summary judgment
  • Solicitor/client duties
  • Fraudulent concealment
  • Limitations-law
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Conflict of laws 2014 BCSC 516

Ngo v. Luong

The court held Saskatchewan’s Automobile Accident Insurance Act remains substantive law, so it applies in British Columbia and the plaintiff’s declaration was dismissed.

  • Substantive vs procedural law
  • Lex loci delicti
  • Choice of law
  • Tort election
  • No-fault benefits
  • Forum shopping
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Private international law 2012 SCC 18

Éditions Écosociété Inc. v. Banro Corp.

La Cour suprême confirme la compétence de l’Ontario dans une action en diffamation liée au livre Noir Canada et refuse de suspendre l’instance pour forum non conveniens.

  • Jurisdiction
  • Real and substantial connection
  • Forum non conveniens
  • Lex loci delicti
  • Choice of law in defamation
  • Libel tourism
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Private international law 2012 SCC 19

Breeden v. Black

The Supreme Court of Canada held that Ontario could hear Conrad Black’s libel actions because publication and republication in Ontario created jurisdiction, and Illinois was not a clearly better forum.

  • Jurisdiction
  • Real and substantial connection
  • Publication and republication
  • Lex loci delicti
  • Choice of law
  • Deference to motion judge
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Workers' compensation 2010 NSCA 92

MacDougall v. Nova Scotia (Workers' Compensation Appeals Tribunal)

WCAT correctly applied s.27 to hold that the respondents validly elected to be compensated according to Newfoundland law, which includes the right to sue in tort; s.28 did not bar the action once that election was made and the appellate standard of deference required upholding WCAT's reasonable interpretation; appeal dismissed.

  • Election of remedies
  • Immunity from suit
  • Lex loci delicti
  • Privative clause and standard of review
  • Interpretation of 'compensation'
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Conflict of laws 2007 NSSC 154

Vogler v. Szendroi

Wyoming Rule 3(b) is integral to the Wyoming statute of limitations and therefore forms part of the substantive law of the lex loci delicti; applying that rule the plaintiff's action was not commenced within Wyoming's limitation period and is barred; no exceptional injustice justified displacing lex loci delicti, so the defendants' application to strike succeeds.

  • Lex loci delicti
  • Statute of limitations
  • Characterization of foreign procedural rules
  • Service of process
  • Forum law vs foreign law
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.