Date: Mon, 9 Jun 2008 16:56

From: Lewis Klar

Subject: Question about defamation and conflict of laws

Colleagues:

I have been advised that the Manitoba Law Reform Commission is considering recommending legislation, similar to UK legislation, which reinstates the lex loci delicti choice of law rule for torts and provides for a proper law exception, but excepts defamation. The Chair of the Commission is interested in learning more about the purpose of the UK exception and its appropriateness for Manitoba. I am not particularly knowledgeable about conflict rules. I suspect that the defamation exception relates to the problem of publication across boundaries and the difficulty of pin pointing the lex loci delicti. But that is a guess. I offered to post this question on our ODG on behalf of the Chair and if anyone can provide an insight into the issue I will pass it along.

Lewis Klar

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