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2004

McInnes, Mitchell

This article considers the effect of the recent decision of the Supreme Court of Canada in Garland v. Consumers' Gas. The author suggests that lacobucci J. 's judgment replaces the traditional common law approach, which relies on the presence of unjust factors, with a unique version of the...

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...

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...

1984

Wood, Roderick J., Schmeiser, Douglas A.

Introduction: The arrival of the Canadian Charter of Rights and Freedoms' has changed the direction of Canadian constitutional law. It marks a shift from Parliamentary supremacy to judicial scrutiny, where fundamental rights and freedoms are affected. The Charter, by virtue of its being part of...

1990

McInnes, Mitchell

Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...

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...

2014-01-01

Lewans, Matthew

Introduction: The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an...