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Journal Articles (Law)
Items in this Collection
- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 13O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
407 ETR, Moloney, and the contested meaning of rehabilitation in Canada’s personal bankruptcy systemDownload
Introduction: Every year, over one hundred thousand Canadians turn to the Bankruptcy and Insolvency Act for relief from their indebtedness. They require assistance handling debt loads that they have no realistic chance of ever repaying. Their debts may cause them other problems such as...
Introduction: I would like to begin my brief comments by noting Linda Parsons and Kate Bake-Paterson's concluding prediction that - when all the dust settles - British Columbia's Business Corporations Act (the "BCBCA" or the Act) will become "a desirable statutory regime of choice among Canadian...
A comment on ITO Ltd. v. Miida Electronics Inc. - The Supreme Court of Canada, privity of contract and the Himalaya clauseDownload
Introduction: In the transportation of goods by sea, the shipper contracts with a marine carrier usually agreeing to a term limiting the liability of the carrier for damage to or loss of the goods. The contract of carriage between the shipper and the marine carrier is evidenced by a bill of...
Background: End-of-life decisions regarding the administration, withdrawal or withholding of life-sustaining therapy in the critical care setting can be challenging. Disagreements between health care providers and family members occur, especially when families believe strongly in preserving life,...
The authors examine the history of the Faculty of Law at the University of Alberta. Beginning with a look at the early requirements to practice law in Alberta, the authors discuss the events leading to the establishment of the first permanent law school in the province. An analysis of the...
Introduction: On 22 October 1993 Steve Powley and his son, both members of a Metis community near Sault Ste. Marie, were charged with hunting a moose without a licence and with knowingly possessing game hunted in contravention of Ontario's Game and Fish Act. The Powleys were acquitted at trial...
The article focuses on the advances made by the Supreme Court of Canada in the law of unjust enrichment on the case of Kerr versus Baranow which was clarified by Cromwell J. by returning to the first principles of unjust enrichment. The author states that the failure of the court to recognize the...
Introduction: The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an...
A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...
Assessing Exclusion Clauses: The Supreme Court of Canada’s Three Issue Framework in Tercon Contractors Ltd v British Columbia(Transportation and Highways)Download
Introduction The Supreme Court of Canada's 2010 decision in Tercon Contractors Ltd v British Columbia (Transportation and Highways ) concerned the enforceability of a broadly drafted exclusion clause in the context of public procurement tendering. It is noteworthy for several reasons. First, the...