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2006-01-01

O'Byrne, Shannon

Introduction: I would like to begin my brief comments by noting Linda Parsons and Kate Bake-Paterson's concluding prediction that - when all the dust settles - British Columbia's Business Corporations Act (the "BCBCA" or the Act) will become "a desirable statutory regime of choice among Canadian...

1997-01-01

Bell, Catherine

In this article, the author explores the need for a theory of Aboriginal rights broad enough to include all of the Aboriginal peoples of Canada. She examines recent developments in judicial recognition of the constitutional rights of the Metis people since their inclusion in s. 35(l) of the...

2005

Yahya, Moin A., Brown, Russell

Introduction: The recent pronouncement of Cullity J. of the Ontario Superior Court granting an order for class certification in Serhan v. Johnson & Johnson is the latest in a series of decisions since the Supreme Court of Canada expanded tort law's boundaries in Winnipeg Condominium Corp. No. 36...

1996

McInnes, Mitchell

This article analyzes the role of causation in Canadian tort law. The author uses the recent Supreme Court of Canada decision of Athey v. Leonati as a model to show how even complex problems of causation can be solved through the application of fundamental principles of tort law: the...

2009-01-01

Harrington, Joanna

Introduction: In 2006, a new United Nations (UN) Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body for the promotion of fundamental rights and freedoms. Heralded as a turning point for human rights within the UN system, the new...

2000

Pavlich, George

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...

1998

O'Byrne, Shannon K.

Introduction: This article is concerned with the extent to which one party has a common law duty to disclose information to another, either antecedent to or during the life of a commercial contract.' Though the general rule for contractual negotiations is that there is no duty of disclosure, such...

2012

Pavlich, George

How might one read a collection of transcriptions—such as The Beast and the Sovereign, Volume 1—that exemplifies how to read other texts deconstructively? In the spirit of Derrida’s text, a response to this question remains radically undecided; however, it certainly does not imply the absence of...

2002-01-01

O'Byrne, Shannon, Oshioebo, Evaristus

Introduction: In Whiten v. Pilot Insurance Co., the Supreme Court of Canada considered whether a jury award of $1 million in punitive damages against an insurance company for breach of a contract was reviewable. Also considered was whether breach of an insurer's duty to act in good faith amounted...

1995

Wood, Roderick J.

Introduction: Alberta is set to become the first Canadian common law jurisdiction to comprehensively reform its judgment enforcement law. Although it was not the first province to study reform of this area of law,' it was the first to act. The Civil Enforcement Act (CEA) was passed on November...