Private International Law (LAW218H1S)

In private international law (“PRIL”) or “conflict of laws”, we examine the law applicable when courts consider one or more “foreign” facts. International jural relationships arising from travel, internet communications and trans-boundary sales lead to disputes involving four core problems:
• Which court or legal authority has the power to decide the dispute?
• Can “foreign” courts be precluded from getting involved?
• What law will likely be applied?
• When will our courts recognize legislative or judicial determinations made outside Canada?
We analyze the following topics in detail: (i) Personal and subject-matter jurisdiction; (ii) Forum shopping and forum non conveniens; (iii) Extra-territorial reach of worldwide Mareva injunctions, letters of request and anti-suit injunctions; (iv) Choice of law applicable to contract, tort, statutory and equitable claims; and (v) Recognition and enforcement of foreign judgments. In addition to recent Canadian case law and statutes, we consider a few leading PRIL decisions made by courts in Australia, the United States of America and the United Kingdom. We consider the role public international law (“PIL”) plays in PRIL determinations.
At the confluence of constitutional and public international law, this course focuses on recent trends in the cases and seeks to draw an analytical framework therefrom. While this is a course on PRIL principles under Ontario law, we also consider the interplay between PIL and PRIL principles. Students will reflect upon whether territoriality continues to play an important role in jurisdiction and choice of law questions. We consider the degree to which class proceedings change the way courts address multi-jurisdictional litigation. PRIL is an important foundation for students considering a litigation career.

Teaching Method: There will be pre-assigned readings and a practical problem for most classes. An overview of the legal material will be provided by PowerPoint presentation. We will apply the materials to the practical problem. Your participation and insights are essential to make this a successful course.