What is the test for determining the character of a person’s actions?
Alberta, Canada
The following excerpt is from Castillo v. Castillo, 2004 ABCA 158 (CanLII):
LaForest J. in Tolofson agreed with the statement of Willes J. in Phillips v. Eyre (1870), L.R. 6 Q.B. at 28 that, “Civil liability arising out of a wrong derives its birth from the character of the place [where it occurred], and its character is determined by that law”. LaForest J. further added at 1050: In short, the wrong is governed by that law. It is in that law that we must seek its defining character; it is that law, too, that defines its legal consequences.
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