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Articles by Gérald Goldstein
Stock Boundary Behavior
Abstract People have limited memory and cannot recall a constant stream of experiences. A continuous memory only happens when we create boundaries to divide experiences into separate events. Observable or not, we see the world full of necessary boundaries. Since people tend to behave differently near boundaries, we can only infer that investors may trade differently near their perceived price boundaries.
La litispendance internationale et la révocation des donations entre époux en droit international privé québécois après l'arrêt RS c PR
Gerald Goldstein Université de Montréal Keywords: international jurisdiction, lis pendens, discretionary authority, susceptibility of recognition, gift, revocation, divorce Abstract In the decision under comment, the Supreme Court of Canada provides an interpretation of the conditions for international lis pendens (art. 3137 CCQ). The Court accepts a light burden of proof for the condition of susceptibility of recognition of foreign judgment. The author instead favours the more restrictive...
LA COMPÉTENCE INTERNATIONALE INDIRECTE ET LA SOUMISSION AU TRIBUNAL ÉTRANGER SELON LA COUR SUPRÊME DU CANADA APRÈS L’ARRÊT BARER C KNIGHT BROTHERS
Gérald Goldstein Université de Montréal Abstract The author draws on the recognition of a foreign judgment in Quebec to contest the appropriateness of the Supreme Court of Canada decision in the Barer case, which placed the burden of proof on the plaintiff for establishing jurisdiction of a foreign court, contrary to the letter and spirit of art. 3155 CCQ.
LE CARACTÈRE " EXCEPTIONNEL " FRAPPE ENCORE ! UNE NOUVELLE VICTIME PAR RICOCHET :
For the first time in Giesbrecht, the Quebec Court of Appeal interpreted the exemption clause (a 3082 CCQ) in a civil liability case dealing with indirect victims. The Court, examining the victims’ claims together, found that the Quebec law prevailed over the Ontario law designated by article 3126 of the Civil Code of Québec. The author suggests applying the law governing the principal claim to the derivative claims, specifically designating the Quebec law.
The Canadian Bar Review
Current Issue Vol 98 No 3 (2020) Published: 2020-12-11 Articles Book Reviews Case Comments View All Issues Founded in 1923, the Canadian Bar Review is the bilingual peer-reviewed legal journal of the CBA, where theory and practice meet. Its mission is to serve the legal profession, the bench, the bar, and the academy by publishing the highest quality legal scholarship that will shape discussion on the most relevant legal issues of our time.
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