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The realities of a global marketplace and shrinking political borders mean that the application and reach of law are seldom confined to a province, a country or even a continent. The field of conflict of laws, also known as private international law, concerns the mechanisms for addressing crossjurisdictional legal conflicts in regard to 3 major areas:
Choice of law
Choice of jurisdiction
Recognition and enforcement of foreign judgments
Newly and thoroughly revised, Halsbury's Conflict of Laws (2020 Reissue) analyzes and explains the broad range of conflict questions and rules impacting Canada's 14 jurisdictions, including issues such as:
Jurisdiction of the courts
Criteria for exercising
Consent, including attornment, agreement and persons protected from waiver of access to their local courts
Defendant's forum
Class proceedings
Real and substantial connection to forum
Discretion in exercising jurisdiction
Limits on jurisdiction, including state, diplomatic, consular, procedural and jurisdictional immunity
Cross-border matters
Service outside the jurisdiction
Security for costs
Injunctions
Letters rogatory, including obtaining evidence and interprovincial subpoenas
Recognition and enforcement of judgments in Canadian courts
International conventions
Excluding, ascertaining, pleading and proving foreign law and documents
Choice of law analysis
Renvoi
Procedural issues
Contracts, torts and unjust enrichment
Family law issues
Marriage
Divorces and corollary relief
Matrimonial property
Legitimacy, adoption, and parentage
Custody, access and guardianship
Support orders
Mentally incapable adults
Property
Bankruptcy, insolvency, corporations, and foreign currency