How has the principle of comity been interpreted in the context of multi-jurisdictional torts?
Ontario, Canada
The following excerpt is from Goldhar v. Haaretz.com, 2016 ONCA 515 (CanLII):
The principle of comity influenced the adoption of lex loci delicti as the choice of law rule for multi-jurisdictional torts: Tolofson, at 1050. Comity was described in Spencer v. The Queen, 1985 CanLII 4 (SCC), [1985] 2 S.C.R. 278 at p. 283: ‘Comity’ in the legal sense is neither a matter of absolute obligation, on the one hand, nor of mere courtesy and goodwill, upon the other. But it is the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation, having due regard both to international duty and convenience, and to the rights of its own citizens or of other persons who are under the protection of its laws. [Citations omitted.]
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