Is it inappropriate for this court to make findings of fact with regard to American law without expert evidence?
Nova Scotia, Canada
The following excerpt is from Trout Point Lodge Limited v. Automattic Inc., 2020 NSSC 212 (CanLII):
The Plaintiffs say it would be inappropriate for this court to make findings of fact with regard to American law without expert evidence and an opportunity for the Plaintiffs to adduce rebuttal expert evidence. They refer to Das v. George Weston Limited, 2018 ONCA 1053, at para. 67, where the court said “a court requires expert evidence to decide issues involving the content of foreign law”.
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