So, you have your contract negotiated and drafted and you may even have a jurisdiction clause, choice of law clause or both; but what will happen if disputes arise down the road? Will the court really hold the parties to their agreement?

The conflict of laws case law has been evolving and the tests have not been consistently applied. The Ontario Court of Appeal recently tried to simplify the analysis, but even this new simplification leads to further questions as to how the test should be applied.

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