Journal Articles (Law)
Items in this Collection
- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Billingsley, Barbara
- 9Harrington, Joanna
- 8Acorn, Annalise
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1994
The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the...
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2004
The article focuses on the Canadian law of unjust enrichment. The Canadian law of unjust enrichment is plagued by two related problems: (a) juristic reasons, and (b) discretionary justice. The first problem stems from the fact that different legal systems employ different strategies for...
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2002
Introduction: The orthodox response to a breach of contract is compensation. The defendant must, through the monetary proxy of damages, place the plaintiff in the position that she would have enjoyed if the contract had been properly performed. The value of that remedy is calculated exclusively...
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Revolution on the path to access to justice - A closer look at the 2009 and 2010 reforms to the rules of civil procedure in Alberta, Nova Scotia, Ontario and British Columbia
Download2015
Billingsley, Barbara, Franz, Joel
The article discusses the 2009 and 2010 reforms to the civil procedure rules in the Canadian provinces of Alberta, Nova Scotia, Ontario, and British Columbia, and it mentions access to justice and civil litigation in Canada, as well as Revised Rules for trials and pre-trial disclosures.
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2000-01-01
Introduction: On 2 October 2000, the Uited Kingdom brought into full force and effect its Human Rights Act 1998,1 bringing forth a new era in the protection of civil and political rights in the UK. Although the HRA received Royal Assent on 9 November 1998, the government in Westminster...
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2010-01-01
This article investigates the distinct character of Randian constitutionalism and how it may have been inspired by American discourse on constitutional values. More specifically, the author examines how Justice Rand's brand of constitutionalism is distinguishable from the more dominant strain of...
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Science powers commerce: Mapping the language, justifications, and perceptions of the drive to commercialize in the context of Canadian research
Download2015
Ogbogu, Ubaka, Caulfield, Timothy
Due to the high value that it placed upon the ownership of land, the common law traditionally was wary of intervening if the plaintiff non-contractually improved the defendant’s land. For the most part, liability was imposed only if the landowner acted unconscionably according to the doctrine of...
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Secured transactions law in Canada - Significant achievements, unfinished business and ongoing challenges
Download2011
Walsh, Catherine, Wood, Roderick J., Cuming, Ronald C.
Introduction: Secured transactions law in all of Canada's provinces and territories is today consolidated in a modern statutory framework: the Personal Property Security Act (PPSA) in the common law provinces and territories, and the Civil Code regime in Quebec. The road to reform was a long one,...
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2005
Yahya, Moin A., Brown, Russell
Introduction: The recent pronouncement of Cullity J. of the Ontario Superior Court granting an order for class certification in Serhan v. Johnson & Johnson is the latest in a series of decisions since the Supreme Court of Canada expanded tort law's boundaries in Winnipeg Condominium Corp. No. 36...
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1996
Water law has been of great importance in Alberta's legal and economic community over the last seventy-five years. By the time the University of Alberta's Faculty of Law first opened its doors in 1921, the reformed law of water allocation had already reached maturity and was showing its first...