Canlii (Supreme Court of Canada) Conflict of laws – Torts – Traffic accident – Injured parties not resident in province where accident occurred – Actions instituted in home provinces of injured parties – Whether lex fori or lex loci delicti should apply – If substantive law that of jurisdiction where accident occurred, whether limitation period substantive law and therefore applicable in forum or procedural law and therefore not binding on court hearing case – Automobile Insurance Act, L.Q. 1977, c. 68, ss. 3, 4 – Code civil du Bas Canada, art. 6 – Limitation of Actions Act, R.S.S. 1978, c. L-15 – Vehicles Act, R.S.S. 1978, c. V-3, s. 180(1).
These appeals deal with the ‘choice of law rule’: which law should govern in cases involving the interests of more than one jurisdiction specifically as it concerns automobile accidents involving residents of different provinces. The first case also raises the subsidiary issue of whether, assuming the applicable substantive law is that of the place where the tort arises, the limitation period established under that law is inapplicable as being procedural law and so not binding on the court hearing the case,
La Forest J said: ‘the purpose of substantive / procedural classification is to determine which rules will make the machinery of the forum court run smoothly as distinguished from those determinative of the rights of both parties.’
Judges:
La Forest, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ
Citations:
(1994) 120 DLR (4th) 289, [1994] 3 SCR 1022, [1995] 1 WWR 609, 100 BCLR (2d) 1, 26 CCLI (2d) 1, 175 NR 161, 22 CCLT (2d) 173, 51 BCAC 241, [1994] CarswellBC 1, JE 95-61, [1994] SCJ No 110 (QL), 175 NSR (2d) 161, [1994] ACS no 110, 32 CPC (3d) 141, 52 ACWS (3d) 40, 77 OAC 81, 7 MVR (3d) 202
Links:
Jurisdiction:
Canada
Cited by:
Cited – Harding v Wealands HL 5-Jul-2006
Claim in UK for Accident in Australia
The claimant had been a passenger in a car driven by his now partner. They had an accident in New South Wales. The car was insured in Australia. He sought leave to sue in England and Wales because Australian law would limit the damages.
Held: . .
Lists of cited by and citing cases may be incomplete.
Jurisdiction
Updated: 17 May 2022; Ref: scu.242988