Litigation: Civil Litigation in Canada and the United States - Part 1

The goal of civil litigation in Canada and in the United States is the same: justice for the parties involved. However, there are key differences regarding how that that justice is administered and the practices and procedures that may be used in litigation.

Nine of Canada's ten provinces, and all three of its territories, are common-law jurisdictions and, as such, trace their legal traditions to England. In contrast, Quebec is a civil law jurisdiction and traces its legal traditions to the French Napoleonic Code. Substantive law, and certainly litigation procedure, in Quebec thus is often very distinct from that in the rest of Canada.

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Berkley Sells

Berkley Sells is a partner at Fasken Martineau. He practices civil litigation with a focus on corporate/commercial disputes and internet litigation.

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