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Difference between revisions of "Claims Involving Out-of-province Insurers or Accidents (12:XIII)"
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Claims Involving Out-of-province Insurers or Accidents (12:XIII) (view source)
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== A. Conflict of Law Issues == | == A. Conflict of Law Issues == | ||
Following '[http://www.canlii.org/en/ca/scc/doc/1994/1994canlii44/1994canlii44.html?autocompleteStr=tolofson&autocompletePos=1 | 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. | ||