Is it appropriate for the court to apply its own law to deal with an individual's claim in circumstances like this?
Ontario, Canada
The following excerpt is from Pavacic v. Nicely Estate, 2008 CanLII 24228 (ON SC):
La Forest J. continued in Tolofson v. Jensen to imply that the court has a discretion which is not to be exercised lightly. He said [at para. 49]: . . . I am not averse to retaining a discretion in the court to apply our own law to deal with such circumstances. I can, however, imagine few cases where this would be necessary. [page55 ]
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