5,109
edits
Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"
Jump to navigation
Jump to search
Claims Involving Out-of-province Insurers or Accidents (12:XIII) (view source)
Revision as of 04:35, 6 August 2017
, 04:35, 6 August 2017case links
Desy Wahyuni (talk | contribs) |
(case links) |
||
| Line 3: | Line 3: | ||
== A. Conflict of Law Issues == | == A. Conflict of Law Issues == | ||
Following ''Tolofson v Jensen'' | Following '[http://www.canlii.org/en/ca/scc/doc/1994/1994canlii44/1994canlii44.html?autocompleteStr=tolofson&autocompletePos=1 'Tolofson v Jensen''], 1994 CanLII 44 (SCC), in Canada, the substantive law to be applied in torts is the law of the place where the activity occurred, rather than the place where the action is being tried. | ||
When foreign law applies to an action commenced in BC, unless all counsel can agree on the substantive law that applies, counsel seeking to rely on the foreign law has the burden of proof to establish the content of that law. This is often supported by expert opinion evidence in court. | When foreign law applies to an action commenced in BC, unless all counsel can agree on the substantive law that applies, counsel seeking to rely on the foreign law has the burden of proof to establish the content of that law. This is often supported by expert opinion evidence in court. | ||
| Line 13: | Line 13: | ||
=== 2. The access of damages === | === 2. The access of damages === | ||
The court in ''Wong v Wei'', | The court in [http://www.canlii.org/en/bc/bcsc/doc/1999/1999canlii6635/1999canlii6635.html?autocompleteStr=wong%20v%20wei&autocompletePos=1 ''Wong v Wei''], 1999 CanLII 6635 (BCSC) drew a distinction between the availability of heads of damage, which is a matter of substantive law, and the assessment or quantification of damages, which is a matter of procedure. | ||
== B. Jurisdiction == | == B. Jurisdiction == | ||