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2000-01-01

Billingsley, Barbara

This paper explores the ethical and legal difficulties encountered by insurance defence counsel whenconfrontedwith a coverage problem on a liability insurance policy . Ordinarily, where a .claim is made against an individual insured by a liability insurance policy, defence counsel is hired by the...

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...

2016

Ogbogu, Ubaka, Necyk, Candace

Background Reports of regulatory and evidentiary gaps have raised concerns about the marketing and use of natural health products (NHPs). The majority of NHPs offered for sale are purchased at a community pharmacy and pharmacists are “front-line” health professionals involved in the marketing and...

1988

Reif, Linda C.

Introduction: In the transportation of goods by sea, the shipper contracts with a marine carrier usually agreeing to a term limiting the liability of the carrier for damage to or loss of the goods. The contract of carriage between the shipper and the marine carrier is evidenced by a bill of...

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...

2015

Billingsley, Barbara, Franz, Joel

The article discusses the 2009 and 2010 reforms to the civil procedure rules in the Canadian provinces of Alberta, Nova Scotia, Ontario, and British Columbia, and it mentions access to justice and civil litigation in Canada, as well as Revised Rules for trials and pre-trial disclosures.

2006

Adams, Eric M.

This article places F.R. Scott’s 1935 call for entrenched constitutional rights within the context of marked changes in constitutional scholarship in the 1930s—what the author refers to as the “newer constitutional law”. Influenced by broader currents in legal theory and inspired by the political...

1989

McInnes, Mitchell

Introduction: At its simplest, the \"mistake of law doctrine\" holds that money paid under a mistake of law (as opposed to one of fact) is irrevocable. As any restitution lawyer can tell you, however, the doctrine is actually anything but simple. The amount of confusion which it has generated...

2005

Percy, David

Examines the experiences of Canada in dealing with water scarcity. Threat of water shortages in the country; Framework of water allocation law in the prairie provinces of Canada; Approaches to reforming water law that the provinces have adopted in the face of developing water shortages.

1996

Acorn, Annalise

The pioneering efforts of women such as Emily Murphy in Alberta during the early part of this century effected legal change and altered women's lives. Women began to see the law as a vehicle for social change, entitling them to property and giving rise to new expectations that a world of \"true...