Author Archives: Nicholas Rafferty

About Nicholas Rafferty

B.A., LL.B., M.A., (Cantab.), LL.M. (Ill.) Professor. Member of the Alberta Bar. Please click here for more information.

A Fight Over Estate Jurisdiction

Cases Considered: Re Foote (Estate Of), 2007 ABQB 654

Keywords: conflict of laws, jurisdiction, estates, poison pill clause, family relief

PDF Version: A Fight Over Estate Jurisdiction

Introduction

Conflicts scholars tend to be fascinated with choice of law problems and the methods for their resolution. Most theoretical work has been directed towards the choice of law question and the basis on which foreign law is applied by local courts. In his classic Conflict of Laws (2nd ed. 1954), Falconbridge spoke barely a word on issues of jurisdiction. Indeed, he stated that the “scope of the subject of the conflict of laws . . . does not cover the topic of jurisdiction of courts and the related topic of the enforcement of foreign judgments” (p. 6).

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Choice-of-Law Principles and the Guarantees Acknowledgment Act

Cases Considered: Can-Am Produce & Trading Ltd. v. Kan Yan Trading Co. Ltd., 2007 ABQB 738

PDF Version: Choice-of-Law Principles and the Guarantees Acknowledgment Act

Introduction

Alberta’s Guarantees Acknowledgment Act (G.A.A.), R.S.A. 2000, c. G-11, is a unique piece of legislation. It requires an individual guarantor in most cases to appear before a notary public and acknowledge that he or she is the person who executed the guarantee. The notary must then examine the person to satisfy him or herself that the guarantor is aware of the contents of the guarantee and understands its effect. Upon being so satisfied, the notary then issues a certificate to that effect which must be signed by the guarantor.

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