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Private International Law (PRIL)
EXPLANATION
'Private international law' (PRIL) is mostly about 'venue', ie. where will the trial be held, which amounts to question of geographical jurisdiction. The principles that apply to the selection of geographical court 'venue' (aka 'forum') that applies to a case are generally common to both international and local (ie. national) law. That is, they apply regardless of whether you (or the court) are deciding whether to advance the case between the two competing options of Canada and Australia, or between Ontario or Manitoba -- or for that matter, between Ottawa and Sarnia.
Another significant aspect of PRIL is the 'choice of law' that applies to a case. Readers may be surprised to find that occasionally (as an example), Polish law may find itself argued in California - and any of the many permutations in between.
ALPHABETICAL LIST
UNDERSTANDING
Private International Law - Understanding
GENERAL
Private International Law - General
ADMINISTRATIVE
VAVILOV - PRIL - Administrative
ANTI-SUIT INJUNCTIONS
Private International Law - Anti-suit Injunctions
CONTRACTUAL INTERPRETATION
Private International Law - Contractual Interpretation
EVIDENCE
Private International Law - Evidence
FOREIGN CREDITOR, CONSUL REPRESENTS
|||Consul as official representative [Courts of Justice Act, s.145 (Ont)] [#COURTS]
FOREIGN STATUTORY COMPLIANCE
Private International Law - Foreign Statutory Compliance
FORUM SELECTION CLAUSES
Private International Law - Forum Selection Clauses (+)
|||Agreement as to place of hearing [Courts of Justice Act, s.114 (Ont)] [#COURTS]
LAW, CHOICE OF
Private International Law - Law (+)
Private International Law - "International Consensus"
LAW, PROOF OF
Private International Law - Proof of Law
ORDERS
Private International Law - Orders - Geographical Range
PRESCRIPTIVE LEGISLATIVE JURISDICTION (EXTRA-PROVINCIAL JURISDICTION)
Private International Law - Prescriptive Legislative Jurisdiction (Extra-Provincial Jurisdiction)
VENUE
'Venue' issues - which deal with what country an international tort or contract case can (and should) be heard in - can be difficult, likely due to common confusion in the separate and related doctrines of 'jurisdiction simpliciter' and 'forum non conveniens'. Both of these are the subject of the important Van Breda (SCC, 2012) case, and you will often here that case name cited in these cases.
'Jurisdiction simpliciter', the chronologically first doctrinal consideration, consists of a test which determines whether a court can hear a case (ie. has the jurisdiction). It consists of two different steps, the first being the 'presumptive connecting factor' inquiry which itself asks whether any one (or more) of four geographical 'connecting factors' [1. defendant residence, 2. defendent business location, 3. location of tort, and 4. where contract was made] apply. If at least one does then the second jurisdiction simpliciter test can be invoked which is whether the presumption can be rebutted on a 'real and substantial connection' standard, which is concerned with the strength of the connections. This list of connecting factors is not fixed, and other factors may be added in specific cases.
Should the inquiry satisfy the jurisdiction simpliciter inquiry, then the court of the 'successful' country has jurisdiction and can hear the case. However then the second doctrinal 'forum non conveniens' inquiry can be raised by the other side to ask the discretionary question as to whether it should hear the case, turning on parties' interests and overall justice.
General
Private International Law - Forum is Ultimately Discretionary to the Court
Private International Law - Forum of Necessity
Private International Law - Comity
Private International Law - Attornment
Private International Law - 'Real and Substantial Connection' (+)
Local Venue Law
Civil Litigation - Venue. [#CIVIL-LITIGATION]
Van Breda
Private International Law - The Leading Van Breda Case
Jurisdiction Simplicter
Private International Law - Jurisdiction Simpliciter (+)
Forum Non Conveniens
Private International Law - Forum Non Conveniens (+)
Tort
Private International Law - Tort Cases
ONTARIO STATUTES
International Choice of Court Agreements Convention Act, 2017
FEDERAL STATUTES
Bank for International Settlements (Immunity) Act
EDIT NOTES
To Do
. Choc v. Hudbay Minerals Inc. et al., 2013 ONSC 998 (CanLII) [Cdn liability of Cdn companies abroad]
. Lapointe Rosenstein Marchand Melançon LLP v. Cassels Brock & Blackwell LLP (SCC, 2016) [forum non conveniens within Canada]
. CSA8-Garden Village, LLC v. Dewar (Ont Sup Ct, 2013)
. Morguard Investments Ltd. v. De Savoye
. Beals v. Saldanha
. Grayson Consulting Inc. v. Lloyd (Ont CA, 2019)
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