April 22, 2015

In today’s increasingly cosmopolitan world, it is not unusual for someone to own property in more than one jurisdiction.  When a dispute arises with respect to the estate of a deceased with assets in multiple jurisdictions, there are several distinct but related issues that the estate litigator must consider.  First, one must consider which jurisdiction’s laws will govern the dispute.  Second, an Ontario litigator will need to determine whether Ontario has jurisdiction to determine the dispute.  If there is more than one possible jurisdiction, thought should be given to whether the chosen forum is could withstand a forum non conveniens challenge, (ie  a jurisdictional challenge based on an assertion that there is another clearly more appropriate forum for the dispute.)  The third and final issue is whether a judgment in one jurisdiction will be enforceable in another jurisdiction.

Read the full paper here.