The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to sovereign immunity in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: May 2020).
Authors: Norton Rose Fulbright—Alison G FitzGerald; Azim Hussain
Canada takes a restrictive approach to state immunity. That is, legislation provides for certain exceptions to the principle of state immunity consistent with the trend in industrial democracies restricting the scope of state immunity.
In Canada, state immunity from civil proceedings is governed by the State Immunity Act, RSC c S-18 (SIA). Section 3 of the SIA sets out the basic principle that foreign states are immune from the jurisdiction of any Canadian court except as provided in the SIA. The Supreme Court of Canada has described the SIA as a complete code as it relates to state immunity from civil proceedings in Canada such that it ousts the common law and international law as a potential source of exceptions to the immunity otherwise provided for in the SIA (see Kazemi Estate v Islamic Republic of Iran, 2014 SCC 62, paragraphs 54 and 58). The common law and international law remain, however, valid interpretative guides for
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Property: [insert name and/or address of the Property] (‘Property’)Purchaser: [insert name, address and (if applicable) company registration number of buyer]Transaction: [insert brief details]1Executive summary1.1Scope of reportThis report is addressed to you [insert buyer’s name] and has been
European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements
ECHR, art 5(4)—rights and dutiesThe scope of article 5(4) Article 5(4) of the European Convention of Human Rights (ECHR) provides that: 'Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided
Lexcel—assessmentLexcel is the Law Society's practice management standard. It is not compulsory although Lexcel accreditation can be helpful for firms wishing to be accredited under the Conveyancing Quality Scheme or the Legal Service Board's Specialist Quality Mark. This Practice Note tells you
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