The Law of Domicile: Re Foote Estate

Abstract

In the area of conflict of laws the concept of domicile has declined in importance over the last few decades, both as a connecting factor in choice of law and as a basis for jurisdiction, as well as a basis for recognition of foreign divorces. Consequently, it is quite rare these days to find a case devoted entirely to determining the question of a person’s domicile. For that reason alone the recent decision of the Alberta Court of Queen’s Bench in Re Foote Estate is noteworthy. But what makes the case truly remarkable is the extent and depth of its scholarly review of the law of domicile. The Reasons for Judgment of Graesser J., spanning 546 paragraphs, contain what is unquestionably the most comprehensive and detailed judicial analysis of the law of domicile to be found in any Canadian case in recent times. Almost every aspect of domicile is canvassed with such depth and accuracy of analysis that the case will undoubtedly now be the starting reference point for practitioners and law students alike when grappling with the law of domicile.