How has the principle of comity been interpreted in the context of multi-jurisdictional torts?
Ontario, Canada
The following excerpt is from Goldhar v. Haaretz.com, 2016 ONCA 515 (CanLII):
The principle of comity influenced the adoption of lex loci delicti as the choice of law rule for multi-jurisdictional torts: Tolofson, at 1050. Comity was described in Spencer v. The Queen, 1985 CanLII 4 (SCC), [1985] 2 S.C.R. 278 at p. 283: ‘Comity’ in the legal sense is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and goodwill, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws. [Citations omitted.]
"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
In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
How have the courts interpreted the second principle in the context of a motion for recusal and non-suit? (Ontario, Canada)
How have the principles of fundamental justice been interpreted in the context of the Bill of Rights? (Ontario, Canada)
How has the transferred intent doctrine been interpreted in the context of consummated criminal homicides? (Ontario, Canada)
What is the test for "discretionary discretion" in the context of a regulatory body's interpretation of legislation? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
Does a Regulation restricting the distribution of material on a school premises need to be interpreted in the context of Charter values? (Ontario, Canada)
What is the third principle in the context of a real estate transaction? (Ontario, Canada)
What is the impact of traditional trust principles against the principles of equity underpinning fair sharing of wealth during a marriage? (Ontario, Canada)
