Recently I’ve received several calls regarding out-of-jurisdiction matters. I’m quite flattered with this kind of inquiry because that means people around the world are accessing my site and reading my blogs.
Alas, flatter is all I get from these occasions. Because I’m only licensed in Ontario, Canada, I’m not allowed to advise clients on matters outside Ontario involving foreign laws.
However, the restrictions aren’t as clear as one may imagine. Sometimes my capacity to practise law as an Ontario lawyer applies in interesting ways. This is because the rules of the conflicts of laws may dictate that a foreign law should apply in a domestic court, or that the domestic law should be applied in a foreign court.
In Canada, under the rules of the conflict of laws, the court can only assume jurisdiction if the case has a real and substantial connection to the court.
For example, suppose two Americans from Buffalo become involved in a serious car accident on the Canadian side of Niagara Falls. The court of the jurisdiction with the most connection to the accident will assume jurisdiction and hear the case. However, that court might not be in Ontario.
For instance – if the facts are that the injured plaintiff was immediately airlifted back to Buffalo and became hospitalized for 18 months, perhaps the court in the State of New York will be in a better position to hear the case than the one in the Province of Ontario. If this is the case, I probably can’t advise on the matter due to the restriction of my licence.
Note: Please keep in mind that this article is provided for information and educational purposes. It does not constitute legal advice and should not be regarded as such. The law may have changed since the publication of the article.
