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1995

O'Byrne, Shannon

Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and...

1996

McInnes, Mitchell

Introduction: Beginning with its momentous decision in Pavey & Matthews Pty Ltd v Paul,' the High Court has accepted that the concept of unjust enrichment underlies the law of restitution. That concept commonly is said to be comprised of four elements: (i) an enrichment to the defendant, (ii)...

2011

Reif, Linda C.

The number of human rights ombudsman institutions has increased dramatically over the past three decades. Such institutions are prevalent in Latin America and in Central and Eastern Europe, and are increasingly found in other regions of the world as well. Forces such as democratization, public...

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,...

2005

O'Byrne, Shannon, Cohen, Ronnie

The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress...

1991

Bell, Catherine

Section 35 of the Constitution Act, 1982 recognizes the aboriginal and treaty rights of the aboriginal peoples. Section 35(2) defines \"the Aboriginal peoples of Canada\" as Indian, Inuit and Metis peoples. Although s. 35 may appear straightforward, the author points out its ambiguity. This...

2003

Buckwold, Tamara M.

The sheriff plays a central role in the judgment enforcement system of Saskatchewan and other provinces. The modem sheriff's office is the product of more than a thousand years of English and Canadian history and a century of unsystematic statutory tinkering with the enforcement writs. This...

1991

Acorn, Annalise

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...

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...

2016

Liao, Carol, Lund, Anna, Bangsund, Clayton, Kodar, Freya, Henderson, Gail, Senthe, Shanthi

The 28th Call to Action of the Truth and Reconciliation Commission (“TRC”) is for law schools to “require all law students to take a course in Aboriginal people and the law, which includes the history and legacy of residential schools, the United Nations Declaration on the Rights of Indigenous...