CHAPTER 1 Introduction

• Date: 07 April 2025

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CHA PTER 1

INTRODUCTION

A. INTRODUCTION

The conf‌lict of laws deals with three central questions. The f‌irst is

whether a court has jurisdiction to hear a particular dispute. The

second is what law a court will apply in resolving a dispute. The third

is whether a court will recognize and enforce a decision of a court in

another jurisdiction.

It is important to appreciate the highly procedural nature of these

questions. Conf‌lict of laws rules, in general, do not resolve substantive

disputes in the way that, for example, tort and contract rules do. At the

risk of oversimplif‌ication, they regulate the process of dispute resolution

rather than determine the outcome. They are more closely related to the

rules of civil procedure and can in a sense be seen as civil procedure rules

for cases with connections to more than one jurisdiction. The subject is

therefore of central importance in civil litigation, particularly in light of

increasing globalization and cross-border transactions and events. The

conf‌lict of laws is important, for example, when Canadians buy and sell

goods and services in others countries, marry people from other coun-

tries, and own real and personal property outside Canada.

It is essential for civil litigators to have a solid understanding of the

conf‌lict of laws: to know the rules and be able to apply them to con-

crete problems as they arise. But this area of the law is also important

for non-litigators. Lawyers who negotiate contracts for clients and who

advise clients on how best to organize their aairs to avoid exposure also

need to understand this area, at a minimum to recognize when a conf‌lict

of laws issue arises for consideration.