Welcome - Private International Law LAWS 2005   Private International Law
This course is concerned with problems in private law arising out of transactions and occurrences with connections to two or more legal units (provinces or countries). Examples would be contracts made in one country but to be performed elsewhere, and torts with a cross-border element (such as goods negligently manufactured in one country which injure persons in another). Other examples that will be considered include novel transnational corporate accountability litigation strategies designed to provide remedy to foreign victims alleging human rights violations by Canadian companies operating internationally. The type of problems associated with all these examples include (1) which law applies to the determination of liability in such situations, (2) which country's or province's courts have jurisdiction to entertain such disputes, and (3) the enforcement in one country or province of court judgments and arbitral awards emanating from another. The objective of the course is for students to learn to recognize conflict of laws situations, to deal with those situations by accepted methods, and to appreciate the results from a variety of points of view. The extent to which the federal nature of Canada affects such matters will be critically examined.
NOTES: Assessment Method: Final exam and optional mid-class assignment