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Skip to Search Results- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Billingsley, Barbara
- 9Harrington, Joanna
- 8Acorn, Annalise
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1990
Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...
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1991-01-01
Introduction: Section 276 of the Criminal Code of Canada provided that, in a trial for sexual assault, the accused could not (other than in limited circumstances) adduce evidence of the sexual conduct of the complainant with persons other than the accused. The section was introduced1 as an...
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Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and Freedoms
Download1991
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...
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1991
In this paper, the author discusses the use of storytelling by certain members of the Critical Legal Studies Movement (CLS). She describes the stories told by three CLS scholars and offers the thesis that the methodology and attitudinal perspective present in their narrative voices promote a...
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1992
In this article, the author challenges the tendency in common law Canada to conflate the distinction between State and society. Following the analysis of Kenneth Dyson, the author contends that the State occupies a distinct sphere produced by or contained in the interconstitutive relationship of...
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1992
Introduction: The implementation of personal property security legislation in the Western provinces brought about a unification and rationalization of the registry systems. The Personal Property Security Act created a single registry for security interests in personal property under provincial...
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Repatriation of cultural property and Aboriginal rights: A survey of contemporary legal issues
Download1992
ABSTRACT. As a result of increasedaboriginaldemands, museumsand govemments are reassessing their roles as guardians of various forms of cultural property. However, an underlyingpresumption in thisprocessis thatastrictlegalanalysisofownershipwill notfavour aboriginalownershipof the...
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1992
This paper analyzes contracts made by the Government' in terms of political theory.2 From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract.3 The paper's overarching objective is to...
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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...