The Cross Border Litigation Manual, prepared by the Canada-U.S. Committee of The American College of Trial Lawyers is now available online.
I am honoured to have my article, “Thinking Globally, Acting Locally”: Recent Trends in the Recognition and Enforcement of Foreign Judgments in Canada” in Todd Archibald & Randall Scott Echlin, Annual Review of Civil Litigation 2006 (Toronto: Thomson-Carswell, 2007), featured as “Additional Reading” in Chapter 11, “Enforcement of Foreign Judgments”.
An excerpt from the Preface:
“This Handbook is a product of the collaborative efforts of members of the Canada-United States Committee of the American College of Trial Lawyer and their colleagues. It is intended for use as a general guide for Canadian and American counsel faced with the prospect of litigation outside their own jurisdiction in the United States or Canada.
Of necessity and by design the Handbook is not intended as a comprehensive review of substantive or procedural law. Rather, it is a primer—a tool to provide an overview of salient points and differences between jurisdictions. It should alert counsel to potential issues in litigation; it should assist counsel in providing preliminary advice to clients and in formulating questions for or understanding answers provided by foreign counsel retained to prosecute or defend the litigation in the foreign jurisdiction.
The primary value of this Handbook may well be in its brevity. In relation to each of the fourteen topics covered, it should answer the questions: “What should I know about litigating in this jurisdiction?”; “What are key differences between litigating in my own jurisdiction and litigating in this other jurisdiction?”; “What questions should I ask?” The American College of Trial Lawyers hopes you will find the Handbook to be a useful tool in answering these questions.
Reference may also be had to the following College publications: Code of Pretrial Conduct, Code of Trial Conduct, Canadian Code of Pre-Trial Conduct, and Canadian Code of Pretrial Conduct, Canadian Code of Trial Conduct, Ethics Problem Manual (Canadian and United States versions).”