What the Court of Appeal was concerned with in the Virani decisions was jurisdictional or territorial overreaching?
British Columbia, Canada
The following excerpt is from Kendregan v. Kendregan, 2009 BCSC 23 (CanLII):
What the Court of Appeal was concerned with in the Virani decisions was jurisdictional or territorial overreaching. Such overreaching does not comport with international comity. As La Forest J. wrote for the majority in Tolofson v. Jensen, 1994 CanLII 44 (SCC), [1994] 3 S.C.R. 1022 at 1047: The underlying postulate of public international law is that generally each state has jurisdiction to make and apply law within its territorial limit. Absent a breach of some overriding norm, other states as a matter of "comity" will ordinarily respect such actions and are hesitant to interfere with what another state chooses to do within those limits…These are the realities that must be reflected and accommodated in private international law.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a decision of appeal from a master be appealed from the Court of Appeal of the Master? (British Columbia, Canada)
What is the standard of review under s. 59(1) of the Rules of Appeal Court of Appeal for a motion of appeal against the decision of a judge on a question of mixed fact and law? (British Columbia, Canada)
Is the Chief Justice of the Court of Appeal of the Supreme Court of B.C holding that the Court has jurisdiction to determine whether a person who is not a party to a particular type of tortfeasor has a valid claim? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What is the test for a party to appeal against a decision by the Court of Appeal? (British Columbia, Canada)
What are the grounds for appeal against a decision by a judge at the Court of Appeal to overturn a support order? (British Columbia, Canada)
What is the role of the Court of Appeal in reviewing a decision made by a statutory decision maker? (British Columbia, Canada)
What is the appeal of a decision by the Court of Appeal Division, 2001-0776/0777? (British Columbia, Canada)
How has the Court in England and Wales treated the Court of Appeal's decision to award the Commissioner's Award for Disgraceable Dismissal/Disparability? (British Columbia, Canada)
Does the Court have concurrent jurisdiction with the federal court to assess decisions of a band council? (British Columbia, Canada)
