Jurisdiction Clauses and the Canadian Conflict of Laws

  • Gerald B. Robertson


Jurisdiction clauses in contracts present significant problems to the parties to the con tract and to the courts which must interpret them. The author discusses the difficulties which arise when a contract attempts to oust the jurisdiction of the court and the ap proaches taken by the court to overcome or comply with jurisdiction clauses. Both English and Canadian cases are reviewed in a survey of the prima facie, forum conveniens and ousting of jurisdiction approaches.