What law should a Court apply when determining whether to pierce the corporate veil of a foreign corporation? How much deference should an appellate Court give to a lower Court’s findings regarding the appropriate jurisdiction to adjudicate a case? What law applies to transnational tortious misrepresentations? These are among the many conflict of laws issues addressed by the UK Supreme Court recently in VTB Capital plc v. Nutritek International Corp. The decision in VTB is relevant to the evolving conflict of laws jurisprudence in Canada.
Although very nuanced, the salient jurisdictional facts of the VTB case are, briefly stated, as … Continue Reading