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COLLINS v. TRIUS

8/15/1995

hers in accepting burdens as well as benefits of identification with a particular community, and ceding to its law-making agencies the authority to make judgments striking the balance between her private substantive interests and competing ones of other members of the community.


In Adams, we found it particularly significant that the case was not one "in which the only connection the fortuitous fact that the injury was sustained in Maine." Adams, 443 A.2d at 934. Here, in contrast, Maine has little contact with this case except that the accident occurred within our boundaries. The bus passengers and bus driver were all residents of Canada, the bus was registered in Canada, the passengers had purchased their tickets in Canada, and the bus trip originated in and would return to New Brunswick. We conclude that Canada has the most significant interest with respect to the issue of damages for non-pecuniary harm in this case, and therefore Canadian damages law should apply.


The entry is:


Decision vacated. Remanded to the Superior Court for further proceedings consistent with the opinion herein.


All concurring.






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