Journal Articles (Law)
Items in this Collection
- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 13O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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...
This article analyzes the role of causation in Canadian tort law. The author uses the recent Supreme Court of Canada decision of Athey v. Leonati as a model to show how even complex problems of causation can be solved through the application of fundamental principles of tort law: the...
Circularp riorityp roblems are endemic in secured transaction law. A circular priority situation arises when there are three or more parties with competing claims to the same asset and there is no clear ranking ofpriority among them. There are multiple approaches applied by courts or advanced by...
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...
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...
Community pharmacists’ views and practices regarding natural health products sold in community pharmaciesDownload
Background Reports of regulatory and evidentiary gaps have raised concerns about the marketing and use of natural health products (NHPs). The majority of NHPs offered for sale are purchased at a community pharmacy and pharmacists are “front-line” health professionals involved in the marketing and...
Comparative perspectives on the regulation of assisted reproductive technologies in Canada and the United KingdomDownload
This article highlights some concerns with the regulatory structure envisioned by Canada's new Assisted Human Reproduction Act, principally by comparing Canada's proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom's Human Fertilisation and Embryology Authority (HFEA). The...
Introduction: The hallmark of dispute' settlement in the international system is its consensual nature. Disorder in relations between entities which have formal status on this level, primarily the nation-state and certain international organizations, cannot be remedied unless all the parties...
Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American PerspectiveDownload
The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress...
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...