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1997-01-01

Bell, Catherine

In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...

1993

Brown, Murray T., Wood, Roderick J., Bauman, Richard W.

This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the...

1996

O'Byrne, Shannon

As part of the Alberta Law Review's Special Edition celebrating the seventy-fifth anniversary of the opening of the Law School in 1921, this article endeavours to trace aspects of the expansion of the enforceability of promises from 1921 to 1996. To provide a general context for subsequent...

1992

Wood, Roderick J., Wylie, Michael I.

The authors trace the chaotic growth of nonconsensual security interests in personal property. Rules governing non-consensual security interests are analyzed and shown to have developed in an inconsistent and unpredictable manner. The authors set out a framework to resolve the priority contests...

2014

Reif, Linda C.

Introduction: It is estimated that over one billion persons around the world live with some form of disability. Persons with disabilities (PWDs) are often discriminated against and subjected to more egregious treatment by state and non-state actors. Women and girls with disabilities are often...

2011

Percy, David R., McGillivray, David

The freehold oil and gas lease in Canada has had a perilous and uncertain existence. In the early cases, the courts applieda literal interpretation ofthe leases, resulting in numerous unexpectedly terminated leases. In recent years, there has been a resurgence of cases involving terminated...

1999

Buckwold, Tamara M.

Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured...

2007

Yahya, Moin, A., Clements, Ryan

This article provides a detailed overview of the mad-cow saga that took place from 2003 until 2005, and discusses its adverse impact on the economic markets of Canada and the United States in terms of trade synergies and amicable commercial relationships. The authors go on to discuss the remedies...

2013

Wood, Roderick J.

Introduction: Two critical questions emerge when considering rescue and liquidation in Canadian restructuring law. The first is whether the use of the traditional restructuring to rescue a financially distressed firm has become a thing of the past - whether it is on its way out and being replaced...

1994

McInnes, Mitchell

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the...