Journal Articles (Law)
Items in this Collection
- 5McInnes, Mitchell
- 5Wood, Roderick J.
- 4Acorn, Annalise
- 4Bell, Catherine
- 3Billingsley, Barbara
- 3Buckwold, Tamara M.
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...
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...
Introduction: Socrates' admonition about excessive and inaccurate praise of love is more instructive today than ever. Unlike Kant's notion of good will, for example, love itself cannot be seen as an unqualified good, as something that shines purely and perfectly irrespective of the interests it...
Introduction: In the past decade, the Supreme Court of Canada has taken an active role in restating the rules of causation that apply in tort actions arising from personal injuries. As will be seen, the relevant decisions fall within two broad categories. In the first group of cases, policy...
Comment on partners in confederation, a report on self-government by the Royal Commission on Aboriginal peoplesDownload
Introduction: On April 17, 1982, the Aboriginal and treaty rights of the Aboriginal peoples of Canada were recognized and affirmed in the Canadian constitution. In the following years, several First Ministers' conferences were held to address Aboriginal constitutional matters. A recurring topic...
Introduction: This article is concerned with the extent to which one party has a common law duty to disclose information to another, either antecedent to or during the life of a commercial contract.' Though the general rule for contractual negotiations is that there is no duty of disclosure, such...
The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard. With these problems in mind, the Supreme Court of Canada in Dunsmuir set out to establish a 'principled framework that is...
This article analyzes the role of freedom of choice in the Canadian law of unjust enrichment. Courts must balance the plaintiff's interest in recovering a benefit, with which she did not freely part, against the defendant's interest in controlling the allocation of resources in his possession....
From Sherwood Forest to Saskatchewan: The role of the sheriff in a redesigned judgment enforcement systemDownload
The sheriff plays a central role in the judgment enforcement system of Saskatchewan and other provinces. The modem sheriff's office is the product of more than a thousand years of English and Canadian history and a century of unsystematic statutory tinkering with the enforcement writs. This...
Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and FreedomsDownload
A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common...