Cross-Border Torts: Canadian-US Litigation Strategies

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433458272


For Canadian litigation lawyers who are confronted with the question of whether to sue in the U.S. or in Canada, finally there is an international civil law book which offers guidance for evaluating the best forum and identifying the relevant factors.

Often, in cases with contacts in multiple jurisdictions, lawyers are tempted to initiate proceedings in the jurisdiction they know best. While such an approach is convenient for the lawyer, it may not be the best choice for the client who presents with a problem involving a complex, multijurisdictional fact pattern.

Authored by an expert with practical experience in U.S.-Canadian litigation issues, and years' of experience in assisting Canadian lawyers deal with the challenges of litigating in the U.S., this is the only Canadian text which focuses exclusively on cross-border tort actions. Combining the principles of conflicts of law, doctrines of res judicata and forum non conveniens with a comparative review of the juridical advantages offered by U.S. jurisdictions adjacent to the Canadian border, it shows how to evaluate a case from a jurisdictional standpoint, and make intelligent choices about optimal forum selection.

Provides Solutions to Cross-Border Issues Offers Help in Evaluating Case from a Jurisdictional Standpoint Covers Substantive, Procedural and Jurisdictional Issues Who Should Read This Book

Table of Contents

Introduction – Considering Cross Border Torts
Section 1: Where Can I Sue? – A Few Brief Words on Personal Jurisdiction and Territorial Competence
Section 2: Where Should I Sue? – Introducing Conflict of Laws
Section 3: Can I Keep My Case Where I Want It? – The Doctrine of Forum Non Conveniens


Wyatt Pickett

Wyatt Pickett, is a member of the Washington State Bar with a track record of significant practical experience in U.S.-Canadian litigation issues, having represented clients in both the plaintiff and defence contexts. A frequent lecturer and author on these and other civil litigation topics, Wyatt lives and works in Victoria, British Columbia. He is a member of the Trial Lawyers Association of British Columbia, sits on their Wrongful Death Reform Committee, and serves on the editorial board of their magazine, The Verdict.

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