Litigating A Cross-Border Dispute In Canada: 10 Things American Lawyers Need To Know Before Getting Started
Mondaq Business Briefing › Canada Law Articles in English (2012)
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Litigating A Cross-Border Dispute In Canada: 10 Things American Lawyers Need To Know Before Getting Started
It is not surprising that given their shared history and high level of integration, the US and Canada have very similar civil justice systems. However, there are many important differences that can have a tremendous impact on trial strategy and the resolution of a dispute. Understanding these differences can help create a winning strategy when a US litigant faces a dispute in Canada.
This article is intended to provide some general information about 10 key aspects of litigating in Canada that American lawyers will find beneficial. (Because of its unique history, the law of Québec is based on the French Civil Code. Therefore, any generalizations about the Canadian legal system may not be applicable to Québec.) 1. LAWSUITS NORMALLY RESOLVED IN PROVINCIAL COURTS Like the United States, Canada has a federalist system of government with a discrete separation of powers, where the federal government has certain enumerated powers and the 10 provinces have certain enumerated powers. The administration of the ...See the full content of this document
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