8 | LEXPERT • December 2017 | www.lexpert.ca/usguide-litigation/
CROSS-BORDER SIGNIFICANCE
Sound legal arguments aren't restric-
ted to the jurisdictions in which they were
conceived. ey're free to roam beyond
borders and find their way, at least implic-
itly, into the decisions of foreign courts and
regulators. is subtle influence has fostered
a robust legal harmony among Western
nations, and particularly so between Canada
and the United States — and yet the courts do
manage to surprise lawyers with an occasional
discordant note, requiring continual review.
e case summaries that follow aim to
make that review a little easier. For the first
time, Lexpert® has assembled a "top 10" list of recent
Canadian cases with important implications in the
United States. Courts and tribunals in Canada have, in
the past year or so, pronounced on jurisdiction (Goldhar,
Excalibur), the right to a jury trial (Aitkens), franchise
rights (Chavdarova), the admissibility of representative
communications (Spears), and a host of other matters
that merit the serious attention of counsel in the US.
Herewith, a rundown of the top cases with cross-
border impact.
TOP 10 DECISIONS
WITH CROSS-BORDER
IMPACT
PHOTO:
SHUTTERSTOCK
LAWYERS KNOW
THERE'S NO SUCH
THING AS PERFECT
LEGAL HARMONY,
BUT RECENT
DECISIONS BY
CANADIAN COURTS
AND TRIBUNALS MAY
COME AS A SHOCK
BY JULIUS MELNITZER
AND SANDRA RUBIN
