These companion appeals concerned the governing choice of law rule for interprovincial tort claims arising from motor vehicle accidents.
The Court held that the general rule in tort is lex loci delicti, not lex fori, emphasizing territoriality, certainty, predictability, constitutional coherence, and the need to reduce forum shopping.
In the British Columbia action, Saskatchewan substantive law governed, including its limitation period, which the Court characterized as substantive.
In the Ontario action, Quebec's no-fault statutory scheme applied to the bodily injury claims and barred the action and cross-claim.
The Court overruled prior authority adopting the forum law approach.
