Is Duke v. Andler Still Good Law in Common Law Canada?

Research output: Article


Since 1932, the Supreme Court of Canada decision in Duke v. Andler has been the leading Canadian common law authority both for the absence of local jurisdiction over foreign immovables as well as for the non-recognition of foreign judgments concerning local immovables. The actual decision concerned only the latter issue. This article argues that recent Supreme Court of Canada decisions have overtaken and effectively reversed the actual decision in Duke v. Andler, such that common law courts should now recognize and enforce some foreign decisions concerning local immovables. Further, as a matter of constitutional law, Canadian courts may actually have an obligation to recognize and enforce all decisions of other Canadian courts concerning local immovables. This article is an argument only about the interpretation and application of current Canadian law. It does not reargue the pragmatic and theoretical bases for reversing Duke v. Andler on the merits.
Original languageEnglish
JournalCanadian Business Law Journal
Issue number1
Publication statusPublished - 2011

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