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2016

Lund, Anna

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...

2011

McInnes, Mitchell

The article focuses on the advances made by the Supreme Court of Canada in the law of unjust enrichment on the case of Kerr versus Baranow which was clarified by Cromwell J. by returning to the first principles of unjust enrichment. The author states that the failure of the court to recognize the...

2012

Billingsley, Barbara

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...

2000

Acorn, Annalise

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...

2009

McInnes, Mitchell

In this article, the author discusses the decision of the Supreme Court of Canada on the unjust enrichment case BMP Global Distribution Inc. v. Bank of Nova Scotia. It states that the Supreme Court have granted the Bank of Nova Scotia the right to restitution following the mistaken payments,...

2000

McInnes, Mitchell

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...

2009

Wood, Roderick J.

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...

1993

Bell, Catherine

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...

1998

O'Byrne, Shannon K.

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...

2012

Lewans, Matthew

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...