Conflict of Laws: Enforcement of Extra Provincial Judgments and in Personam Jurisdiction of Canadian Courts: Hunt v. T & N plc

Abstract

The Court's decision in Hunt - and its pending decision in the Tolofson and Gagnon appeals - will undoubtedly engage the intellects, and indeed the passions, of courts and commentators to an even more dramatic extent than Morguard has done. This comment analyses the impact of Hunt on Canadian law in relation to both the in personam jurisdiction of Canadian courts and the recognition of extraprovincial judgments. As we shall see, the most pressing question left to be elaborated is whether the Court should adopt a narrow or a broad approach to the permissible scope of jurisdiction of Canadian courts, a question with significant implications for the future evolution of Canadian conflict of laws generally, and one that will almost certainly determine the Court's reasoning, if not the result, on the choice of law issues presently confronting it in Gagnon and Tolofson.