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Tolofson V Jensen
''Tolofson v Jensen'', [1994] 3 S.C.R. 1022 is a landmark decision of the Supreme Court of Canada on conflict of laws in tort. The Court held that the primary determiner in selecting a country's law in tort should be the ''lex loci'' (the location where the tort occurred). The case was decided with ''Lucas (Litigation guardian of) v Gagnon''. Background Prior to this case, the leading case on the matter was ''McLean v Pettigrew'', [1945] S.C.R. 62 which stated that the proper law to apply would always be the ''lex fori'', the local law of the court, irrespective of the connection with the jurisdiction. Tolofson case A father and son from British Columbia are driving in Saskatchewan and are in a motor vehicle accident with Leroy Jensen, a resident of Saskatchewan. The son, Kim Tolofson, sues both Jensen and his father. Under Saskatchewan law the claimant must prove gross negligence in order for a gratuitous passenger to recover and the limitation period is 12 months. Kim did not sue ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tort
A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract. While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from cus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Loci
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McLean V Pettigrew
MacLean, also spelt Maclean and McLean, is a Gaelic surname Mac Gille Eathain, or, Mac Giolla Eóin in Irish Gaelic), Eóin being a Gaelic form of Johannes (John). The clan surname is an Anglicisation of the Scottish Gaelic "Mac Gille Eathain", a patronymic meaning "son of Gillean". Gillean means "the Servant of he_Baptist.html" ;"title="aintJohn [the Baptist">aintJohn [the Baptist), named for Gilleathain na Tuaidh, known as "Gillian of the Battleaxe", a famous 5th century warrior. Eachan Reaganach and his brother Lachlan were descended from Gilleathain na Tuaidh, and are the progenitors of the clan. The family grew very powerful throughout the Hebrides and Scottish Highlands, Highlands through alliances with the Catholic Church in Scotland in the 9th century, the MacDonald (name), MacDonalds in the 13th century, and the MacKays and MacLeods in the 16th century. Other spellings of the name include McClean, MacLaine, McLaine, McLain, MacLane, and many others. Duart Castle i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Proper Law
The doctrine of the proper law is applied in the choice of law stage of a lawsuit involving the conflict of laws. Explanation When the jurisdiction is in dispute, one or more state laws will be relevant to the decision-making process. If the laws are the same, this will cause no problems, but if there are substantive differences, the choice of which law to apply will produce a different judgment. Each state, therefore, produces a set of rules to guide the choice of law, and one of the most significant rules is that the law to be applied in any given situation will be the ''proper law''. This is the law that seems to have the closest and most real connection to the facts of the case, and so has the best claim to be applied. The term "proper" refers back to the older English sense as being "proper to". In other words, the law proper to the contract or the contractual term or issue involved. All laws, to a greater or lesser extent, are reflections of the public policies of the state ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Fori
In conflict of laws, the term ''lex loci'' (Latin for "the law of the place") is a shorthand version of the choice of law rules that determine the ''lex causae'' (the laws chosen to decide a case).''Black's Law Dictionary'' abridged Sixth Edition (1991), p. 630. General principles When a case comes before a court, if the main features of the case (particularly the parties and the causes of action) are local, the court will then apply the ''lex fori'', the prevailing municipal law, to decide the case. However, if there are "foreign" elements to the case, the court may then be obliged, under conflict of laws, to consider whether it has jurisdiction to hear the case (see forum shopping). The court must then characterise the issues to allocate the factual basis of the case to its relevant legal classes. The court may then be required to apply the choice of law rules to decide the ''lex causae'', the law to be applied to each cause of action. Relevant rules include the following. ''Lex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Domicile (law)
Domicile is relevant to an individual's "personal law," which includes the law that governs a person's status and their property. It is independent of a person's nationality. Although a domicile may change from time to time, a person has only one domicile, or residence, at any point in their life, no matter what their circumstances. Domicile is distinct from habitual residence, where there is less focus on future intent. As domicile is one of the connecting factors ordinarily used in common law legal systems, a person can never be left without a domicile and a domicile is acquired by everyone at birth. Generally domicile can be divided into domicile of origin, domicile of choice, and domicile by operation of law (also known as domicile of dependency). When determining the domicile of an individual, a court applies its own law and understanding of what domicile is. In some common-law countries, such as Australia and New Zealand, the concept of domicile has been subject to statutory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
List Of Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boys V Chaplin
''Boys v Chaplin'' 971AC 356 is a leading conflict of laws case decided by the House of Lords. Facts The plaintiff, a passenger on a motorcycle, was injured through the negligence of the defendant whose car had hit the motorcycle. The plaintiff and defendant were British soldiers stationed in Malta. David Boys was run into by a motor car driven by Richard Chaplin. He was serving in the Royal Naval Air Squadron and was also stationed in Malta at the time. David Boys was badly injured. He had a fractured skull and was unconscious for three days. The right side of his face was crushed. He was taken to the Royal Naval Hospital in Malta. He was there for about six weeks. Then he was brought back to England on 19 September 1963, and taken to the Royal Air Force Hospital at Wroughton in Wiltshire. He was there for over six months, until 7 April 1964. Then he was an out-patient for two months. Eventually on 5 June 1964, owing to his injuries, he was discharged from the Royal Air Force. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Red Sea Insurance Co Ltd V Bouygues SA
''Red Sea Insurance Co Ltd v Bouygues SA'' 9951 AC 190 is a judicial decision of the Privy Council relating to choice of law in tort. The case was an appeal from the decision of the Court of Appeal of Hong Kong, but as the case was decided in Hong Kong pursuant to the English Law Ordinance, section 3(1), it is also taken to be an authoritative statement of English law. Facts Bouygues SA together with nine other co-plaintiffs made a claim under a policy of insurance against Red Sea Insurance Co Ltd. Red Sea Insurance was an insurance company incorporated in Hong Kong, but with its head office located in Saudi Arabia. In its counterclaim Red Sea Insurance alleged that one of the co-plaintiffs, PCG, negligently supplied faulty pre-cast concrete building units, and that if it was liable at all, Red Sea Insurance would be subrogated to the claims of the other co-plaintiffs against PCG. PCG applied to strike out that counterclaim. Red Sea then amended its pleading and claimed t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Morguard Investments Ltd V De Savoye
''Morguard Investments Ltd v De Savoye'', 9903 SCR 1077 is the leading decision of the Supreme Court of Canada on the enforcement of extraprovincial judgments. The Court held that the standard for enforcing a default judgment from a different province is not the same as if it were from another country; rather the Court adopts the test from ''Indyka v Indyka'', 9691 AC 33 ( HL) and ''Moran v Pyle National (Canada) Ltd'', 9751 SCR 393 where there must be a "real and substantial connection" between the petitioner and the country or territory exercising jurisdiction. Background De Savoye, the appellant, was the mortgagor of a property in Alberta and resided in British Columbia. The mortgage defaulted and the respondents brought action in Alberta, for the land they had mortgaged in that same province. The appellant chose not to appear or defend his actions. The respondents obtained judgment ''ex juris'' in the foreclosure action, and then obtained orders for the judicial sale of the pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
