Double actionability

Double actionability: Double actionability is a doctrine of private international law which holds that an action for an alleged tort committed in a foreign jurisdiction can be successful in a domestic court only if it would be actionable under both the laws of the home jurisdiction and the foreign jurisdiction. The rule is no longer used in Canadian law and instead the lex loci delicti rule is used.^[1] This rule holds that the applicable law for a tort committed in a foreign country will be the tort law of the foreign country.

References

^ Tolofson v. Jensen [1994] 3 S.C.R. 1022

Categories:
Conflict of laws
International law stubs

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