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).