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Skip to Search Results- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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Holding the high ground: The position of secured creditors in consumer bankruptcies and proposals
Download1999
This article examines the position of secured creditors in the event of a consumer debtor's bankruptcy or the filing of a consumer proposal, as determined by the federal and provincial laws of Canada. Secured creditors in Canada are in a remarkably powerful position relative to other claimants in...
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2016
Due to the high value that it placed upon the ownership of land, the common law traditionally was wary of intervening if the plaintiff non-contractually improved the defendant’s land. For the most part, liability was imposed only if the landowner acted unconscionably according to the doctrine of...
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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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Ingathered records and the scope of litigation privilege in Canada: Does litigation privilege apply to copies or collections of otherwise underprivileged documents?
Download2014-01-01
Introduction: Each of the scenarios described above gives rise to the same, long-standing question regarding document production in civil litigation, namely: are copies of otherwise unprivileged original documents or records, gathered for the dominant purpose of litigation (i.e. \"ingathered...
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2014
Introduction: Just over one hundred years ago, the first law students arrived at the University of Alberta, Faculty of Law. The University — still just a handful of brick buildings dotting a freshly cleared campus conveying more hopeful promise than venerable history — provided space, but not...
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2011
Introduction: It has never been in the best traditions of the criminal bar to quit a client over money. Having gone on the record as counsel for an accused, the lawyer is, as a matter of professional dignity, expected to have sorted out financial matters with the client in advance, and it is seen...
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2000
Gazing across the heterogeneous discourses claiming the rubric of criminology, a casual observer will likely be struck by pervasive discussions aimed at solving the 'crime problem'. Alongside the blaring choruses of technical experts one finds the hushed muses of sceptics and critics. They worry...
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Justifications and legal considerations for repatriation of First Nations material culture in Canada
Download2008
Introduction: The topic of repatriation of cultural items creates some discomfort as it may generate polarized perspectives and bring into focus issues of intercultural understanding, ethics, law, politics, knowledge, power, values, and economics. Questions such as “Who owns culture? Whose...
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Lawyer-Politicians and Law Societies: Navigating the Intersection between Democracy and Accountability
Download2024-05-01
Keysel Alberto Aranzamendez Besa
In this essay that won the 2024 Sheldon M. Chumir Memorial Award in Ethics, Human Rights and Civil Liberties, I argue that striking the proper balance between a law society’s commitment to democracy and its jurisdiction over lawyer-politicians warrants the limiting of actionable complaints to...
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2007
Lerner, Craig S., Yahya, Moin A.
Introduction: According to a recent issue of Business Week, many hotshots of American industry are fleeing publicly traded corporations for \"the money, freedom and glamour of private equity.\"' Among the reasons cited for their departure is the Sarbanes-Oxley Act of 2002, which not only...