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McGill Law Journal/Revue de Droit de McGill. Volume 16, Number 4 (1970), p. 603-632.


The enforcement of a validly acquired foreign or domestic right is a matter of procedure governed by the lex fori. A Canadian court always applies its own procedural rules to a case involving a foreign element pending before it even though the merits of the controversy .are governed by some foreign law. Never will the court apply a foreign rule that is procedural. The court in which the action is pending cannot be expected to submit to foreign procedural rules. It must conduct the proceedings according to its own rules. Although it may be bound to apply foreign law, this does not mean that the court must apply all the relevant rules of the lex causae. In other words, there is no vested right in procedure.' A person invoking the jurisdiction of the court must take its procedure as he finds it. There ought to be no difference between the position of a foreign and a local litigant.

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