Category Archives: Conflict of Laws

International Child Abduction: Safeguarding against Grave Risks of Harm in ‘Prompt Return’ Applications

By: Rudiger Tscherning PDF Version: International Child Abduction: Safeguarding against Grave Risks of Harm in ‘Prompt Return’ Applications Case Comment On: JP v TNP, 2016 ABQB 613 (CanLII) Introduction In an earlier post, I discuss in detail the objective and mechanism … Continue reading

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International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child

By: Rudiger Tscherning PDF Version: International Child Abduction: A ‘Time-Limited Consent’ Does not Change the Habitual Residence of a Child Case Commented On: Balev v Baggott, 2016 ONCA 680 (CanLII) Introduction The issues arising from international family disputes involving the non-consensual … Continue reading

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Chevron Corp. v Yaiguaje: Judicial Activism and Cross Border Complexity

By: Fenner L. Stewart PDF Version: Chevron Corp. v Yaiguaje: Judicial Activism and Cross Border Complexity Case Commented On: Chevron Corp. v Yaiguaje, 2015 SCC 42 In 2013, Ecuador’s highest court held that Chevron was liable to pay US$9.51 billion to … Continue reading

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Intersection Between Different Legal Areas

PDF version: Intersection Between Different Legal Areas Case commented on: Basha v Lofca, 2013 ABQB 159. Introduction It is quite common for certain legal areas to intersect with others in cases that come before the courts. In the recent Alberta … Continue reading

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Recognizing Foreign Divorces: The Public Policy Defence

PDF version: Recognizing Foreign Divorces: The Public Policy Defence Case considered: Zhang v. Lin, 2010 ABQB 420 Zhang v. Lin raised the question of whether a divorce granted in Texas should be recognized in Alberta. Interestingly, the court determined that … Continue reading

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