Looked at the forum’s laws and said that if it was a juristic entity there, then it would be here. Temple was an entity so it would be in UK. held that the TJ was not entitled to reject the evidence of the experts or to rely on his own research without having the assistance of the expert witnesses and the submissions of counsel. Can’t just do his own reading and rely on that, it would lead to unreliable results. How does the above apply interprovincially in Canada? How far do we apply the CL requirement of pleading and proving other provincial law as a matter of fact? Or have we gone more the civil code way and each province basically takes judicial notice of another province’s law? More so the latter. In QC Civil Code it is express: article 2808 enables the court to take judicial notice of other – provincial law and foreign law once a law has been pleaded. Provincially: each province has evidence acts. In AB discretionary to take judicial notice. – Hunt v. T&N Plc, [1993] 4 SCR 289 Interprovincially, courts are basically taking judicial notice of the laws of other provinces now at the SCC, but maybe not in provinces? Howell thinks we’re past having to and prove the law between provinces. Facts: Case where the SCC indicated that the superior courts of any province could rule on the constitutionality of legislation of another province, subject to the suitability of that forum to make that ruling. Findings: Laws of a province no longer required to be proven as fact at SCC. Can apply all laws of Canada. Generally, other provinces will not take judicial notice of other provincial laws unless pleaded. QC Civil Code has provision allowing for law to be pleaded, then JN can be taken. All courts in Canada are capable of interpreting constitutionality, BUT, must restrict to issues where there is real interest in your province. Here, BC was so could deal with constitutional question. forum non conveniens Pettkus v. Becker [1980] 2 SCR 838 SCC Can whatever law it has competence over (all provincial law). References there indicating that the federal court can take judicial notice of all provincial and federal law that is relevant to its jurisdiction. Evidence Acts in most provinces say it’s mandatory to take judicial notice of another province’s law. Discretionary in AB.
Looked at the forum’s laws and said that if it was a juristic entity there, then it would be here. Temple was an entity so it would be in UK. held that the TJ was not entitled to reject the evidence of the experts or to rely on his own research without having the assistance of the expert witnesses and the submissions of counsel. Can’t just do his own reading and rely on that, it would lead to unreliable results. How does the above apply interprovincially in Canada? How far do we apply the CL requirement of pleading and proving other provincial law as a matter of fact? Or have we gone more the civil code way and each province basically takes judicial notice of another province’s law? More so the latter. In QC Civil Code it is express: article 2808 – enables the court to take judicial notice of other provincial law and foreign law once a law has been pleaded. Provincially: each province has evidence acts. In AB – discretionary to take judicial notice. Hunt v. T&N Plc, [1993] 4 SCR 289 Interprovincially, courts are basically taking judicial notice of the laws of other provinces now at the SCC, but maybe not in provinces? Howell thinks we’re past having to and prove the law between provinces. Facts: Case where the SCC indicated that the superior courts of any province could rule on the constitutionality of legislation of another province, subject to the suitability of that forum to make that ruling. Findings: Laws of a province no longer required to be proven as fact at SCC. Can apply all laws of Canada. Generally, other provinces will not take judicial notice of other provincial laws unless pleaded. QC Civil Code has provision allowing for law to be pleaded, then JN can be taken. All courts in Canada are capable of interpreting constitutionality, BUT, must restrict to issues where there is real interest in your province. Here, BC was forum non conveniens so could deal with constitutional question. Pettkus v. Becker [1980] 2 SCR 838 SCC Can whatever law it has competence over (all provincial law). References there indicating that the federal court can take judicial notice of all provincial and federal law that is relevant to its jurisdiction. Evidence Acts in most provinces say it’s mandatory to take judicial notice of another province’s law. Discretionary in AB.
Bullock%20-%20LAW%20363%20Outline%20-%20Final.docx