Journal Articles (Law)
Items in this Collection
- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 13O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
Introduction The general rule in contracts is that a plaintiff is not entitled to general damages for mental distress and other intangibles such as annoyance, humiliation, upset, disappointment, frustration, anguish, or anxiety in the face of breach. There are a number of reasons why this is so...
Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for IntangiblesDownload
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more...
The treatment of receivers in the Personal Property Security Acts: Conceptual and practical implicationsDownload
Presents information on the conceptual and practical implications of the Personal Securities Act in Canada in relation to the treatment which receivers get. Details on the Act; Stipulations of the Act; What are the requirements of receiver's liability at common law.
Introduction: Pornography is no longer \"sexy\" in the academy. Neither feminist nor other scholars show much interest in continuing to theorize the law's role in regulating the sexually explicit. Most of the familiar stakeholders in the debate - free speech liberals, radical feminists, lesbian...
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...
This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the...
Introduction: In December 2005, the Inuit Circumpolar Conference (\"ICC\") (renamed the Inuit Circumpolar Council in July 2006) publicly lodged a lengthy petition against the United States with the Inter-American Commission on Human Rights (the \"Commission\"), a Washington D.C.-based...
How should a sham be treated for tax purposes? In 1524994 Ontario Ltd. v. M.N.R., the Federal Court of Appeal treated a sham as if it reflected the true agreement between the parties in order to uphold a GST assessment. The result was inconsistent with existing jurisprudence and undesirable....
Gazing across the heterogeneous discourses claiming the rubric of criminology, a casual observer will likely be struck by pervasive discussions aimed at solving the 'crime problem'. Alongside the blaring choruses of technical experts one finds the hushed muses of sceptics and critics. They worry...
Examines the experiences of Canada in dealing with water scarcity. Threat of water shortages in the country; Framework of water allocation law in the prairie provinces of Canada; Approaches to reforming water law that the provinces have adopted in the face of developing water shortages.