‘Double Counting the Place of the Tort?’

“In common law Canada there is a clear separation between the question of a court having jurisdiction (jurisdiction simpliciter) and the question of a court choosing whether to exercise or stay its jurisdiction. One issue discussed in the Supreme Court of Canada’s recent decision in Haaretz.com v Goldhar is the extent of that separation. Does this separation mean that a particular fact cannot be used in both the analysis of jurisdiction and of forum non conveniens? On its face that seems wrong …” (more)

[Stephen Pitel, Conflict of Laws .net, 11 June]

First posted 2018-06-11 12:25:04

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