Journal Articles (Law)

2003

McInnes, Mitchell

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....

2013-01-01

Yahya, Moin A.

Introduction: In Canada, the financial industry rests upon "four pillars."' These are the securities, insurance, trust, and banking sectors. The first three have been, historically, regulated at the provincial level under the rubric of "property and civil rights," while the fourth has been...

2010

Sprysak, Chris

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....

2003

Buckwold, Tamara M.

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...

2001

McInnes, Mitchell

Discusses the case 'Attorney General v. Blake,' where the Canadian House of Lords accepted the concept of gain-based relief for breach of contract. Calculation of contractual relief with reference either to what the plaintiff lost or what the defendant gained; Delineation of the relevant cause of...

1991

Acorn, Annalise

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...

1995

O'Byrne, Shannon

Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and...

1998

O'Byrne, Shannon

In Wallace v. United Grain Growers Ltd. l the Supreme Court of Canada was asked to remedy the alleged bad faith by an employer, both for the fact of dismissing the plaintiffand for its manner ofeffecting thedismissal . This marks the first time that Canada's highest court has had to decide...

1992

McInnes, Mitchell

Introduction: When asked by a teacher of law what must be done to inherit eternal life, Jesus responded with the parable of the Good Samaritan. A man was going down from Jerusalem to Jericho, when he fell into the hands of robbers. They stripped him of his clothes, beat him and went away, leaving...

1997

Acorn, Annalise

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...