What is the lex loci delicti rule in Canadian inter-provincial law?

Newfoundland and Labrador, Canada


The following excerpt is from Harris v. Hillyer, 2022 NLSC 53 (CanLII):

Kirkpatrick J. perhaps, explained it best when he said, at paragraph 25: In my view, however, this aspect of Tolofson v. Jensen is distinguishable from the case at bar for two reasons. First, Tolofson v. Jensen concerned the choice between laws of two Canadian provinces. It is clear from the decision of La Forest J. that the lex loci delicti rule should apply without exception in the Canadian inter-provincial context. The case at bar, of course, involves international jurisdiction, to which, as discussed above, the exception clearly applies.

The case of Wong v. Wei is somewhat distinguishable from the case at bar. We are not dealing with a case of international dimensions. All Parties are resident Canadians. Kirkpatrick J. applied the laws of the lex fori in an attempt to reduce the damages that would have otherwise been payable by the defendant. He did this in the context of a tort that had occurred on the other side of an international border, but held, nevertheless, that the quantification of damages was a procedural matter and, therefore, the laws of the Province of British Columbia applied.

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