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2001

Wood, Roderick J.

Provides information on the nature and definition of federal security interest in Canada. Details of the Bank Act security provisions and the Canadian Shipping Act ship mortgage provisions; Structure of the provincial personal property security system; Interaction between the provisions and the...

1988

Percy, David

The prevailing Canadian authorities more than justify John Ballem's conclusion that \"many a lease has come to an untimely and unexpected end\". This paper explores the right of a lessee to obtain compensation in the law of restitutionfor work performed where a lease has unexpectedly terminated....

2007

O'Byrne, Shannon

This article assists common law practitioners to predict when good faith obligations are owed in the context of contractual performance by organizing recent case law. The article concludes by advocating for express recognition of a common law rule that would mandate good faith as the governing,...

2015-01-01

Reif, Linda C.

Introduction: Independent thematic human rights institutions have been established by some states to focus on the protection and promotion of one category of human rights or the rights of a vulnerable group.1 Children are a vulnerable population and, in response, thematic children’s rights...

1992

Wood, Roderick J.

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...

1989

Wood, Roderick J.

This article examines the evolution of the floating charge in England and Canada, and predicts its demise as a conceptually discrete security device upon the enactment of personal property security legislation in the provinces. However, the author contends that a study of the floating charge can...

1996

Wood, Roderick J.

This article traces the evolution of the personal property registry in Alberta from the decentralized regime of the chattel security registry which was present prior to 1922, through the establishment of the centralized Corporate Mortgage Registry, Vehicle Registry and Central Registry, up to the...

2004

Johnsen, Bruce, Yahya, Moin A.

Introduction: Scholars and jurists increasingly acknowledge that the U.S. Supreme Court's Commerce Clause jurisprudence desperately needs a new direction. Even Laurence Tribe, widely regarded as a liberal commentator, concedes that until very recently the Court's decisions in this area came...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...

2007

Harrington, Joanna

According to Canadian Supreme Court Justice Claire L'Heureux-Dube, the global judicial community is engaged in a process of dialogue, especially in cases involving the determination of constitutionally protected human rights. However, as this author notes, if there is a process of dialogue taking...