Journal Articles (Law)

1992

O'Byrne , Shannon

This paper analyzes contracts made by the Government' in terms of political theory.2 From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract.3 The paper's overarching objective is to...

2003

Harrington, Joanna

The author critically analyzes the derisory manner in which Canadian courts have regarded Canada's international human rights treaty obligations. More specifically, relying on the recent Canadian judicial pronouncements in Ahani v. Canada, the author questions the usual justifications put forth...

2005

Yahya, Moin A., Brown, Russell

Introduction: The recent pronouncement of the British Columbia Court of Appeal in Johnson v. Laing' represents a remarkable and troubling episode in the historical tension between judges and juries in the adjudication of civil claims. After setting aside a jury's verdict as \"unreasonable\" -...

2004

McInnes, Mitchell

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...

2002

McInnes, Mitchell

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...

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...

1996

Lewans, Matthew

Introduction: Medical products have a therapeutic potential that can substantially improve the quality of life. Nevertheless, technological progress in the field of medicine is consistently met with guarded optimism. The benefits to be gained are often accompanied by unexpected risks. If injury...

1999

McInnes, Mitchell

In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...

2001

Wood, Roderick J.

Provides information on the nature and definition of federal security interest in Canada. Details of the Bank Act security provisions and the Canadian Shipping Act ship mortgage provisions; Structure of the provincial personal property security system; Interaction between the provisions and the...