reform, federalism, markets, torts, contract, breaches, Supreme Court of Canada, goods and services
Nations are not only unified markets, but usually they are at least that. In most discussions about national unity, adequate account is taken of the importance of the free movement of goods, capital and people. Rarely, though, does the discussion encompass the necessity of legally assuring such movement in the domestic marketplace through the practical modality of secure remedies for breaches of obligations in contracts and tort. De Savoye v. Morguard Investments Ltd is a landmark decision by the Supreme Court of Canada that considers the extent of jurisdiction that provincial courts may exercise and the associated concern with the enforceability of judgments issued by one provincial court in other Canadian courts. This infrequently addressed aspect of national unity is important not only because of its political dimensions but because it has potentially significant effects on the nature and costs associated with the Canadian domestic marketplace. To grasp fully the import of this decision, it is necessary first to explore the relation between the security of legal undertakings, usually in contract, and the existence and efficiency of the marketplace for goods and services.
Peter Finkle and Simon Coakeley, "Morguard Investments Limited: Reforming Federalism from the Top" (1991) 14:2 Dal LJ 340.