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- 36Canadian Law
- 3Canadian native peoples--Laws, regulations and rules
- 3Colonialism--Laws, regulations and rules
- 2Humanities and the Law
- 2Judicial Administration
- 5McInnes, Mitchell
- 5Wood, Roderick J.
- 4Acorn, Annalise
- 3Bell, Catherine
- 3Billingsley, Barbara
- 3Buckwold, Tamara M.
407 ETR, Moloney, and the contested meaning of rehabilitation in Canada’s personal bankruptcy systemDownload
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...
Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the...
Ombudsman institutions and Article 33(2) of the United Nations Convention on the Rights of Persons with DisabilitiesDownload
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...
Ingathered records and the scope of litigation privilege in Canada: Does litigation privilege apply to copies or collections of otherwise underprivileged documents?Download
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...
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...
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...
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...
Secured transactions law in Canada - Significant achievements, unfinished business and ongoing challengesDownload
Introduction: Secured transactions law in all of Canada's provinces and territories is today consolidated in a modern statutory framework: the Personal Property Security Act (PPSA) in the common law provinces and territories, and the Civil Code regime in Quebec. The road to reform was a long one,...
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...
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...