Journal Articles (Law)
Items in this Collection
- 7McInnes, Mitchell
- 2Billingsley, Barbara
- 2Brown, Russell
- 2Harrington, Joanna
- 2Yahya, Moin A.
- 1Adams, Eric M.
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1992
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...
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Punting terrorists, assassins and other undesirables: Canada, the Human Rights Committee and requests for interim measures of protection
Download2003
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...
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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\" -...
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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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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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Subjective tests and implied warranties: Prescriptions for Hollis v. Dow Corning and ter Neutzen v. Korn
Download1996
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...
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The Canadian principle of unjust enrichment: Comparative insights into the law of restitution
Download1999
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,...
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2007
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...
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2001
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...