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- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Billingsley, Barbara
- 9Harrington, Joanna
- 8Acorn, Annalise
Discusses the case 'Attorney General v. Blake,' where the Canadian House of Lords accepted the concept of gain-based relief for breach of contract. Calculation of contractual relief with reference either to what the plaintiff lost or what the defendant gained; Delineation of the relevant cause of...
Introduction: Section 276 of the Criminal Code of Canada provided that, in a trial for sexual assault, the accused could not (other than in limited circumstances) adduce evidence of the sexual conduct of the complainant with persons other than the accused. The section was introduced1 as an...
This article begins by discussing the history of the enforcement remedies possessed by creditors against debtor's goods in Alberta. The author examines the new Personal Property Security Act legislation and the more recent Civil Enforcement Act He outlines the objectives of such legislation and...
Punting terrorists, assassins and other undesirables: Canada, the Human Rights Committee and requests for interim measures of protectionDownload
The author critically analyzes the derisory manner in which Canadian courts have regarded Canada's international human rights treaty obligations. More specifically, relying on the recent Canadian judicial pronouncements in Ahani v. Canada, the author questions the usual justifications put forth...
Introduction: Working out a satisfactory legal analysis of subordination agreements is a slippery business. A subordination agreement involves a contractual modification of the legal rules that ordinarily govern the order of repayment or distribution to creditors or the priority ranking of their...
Due to the high value that it placed upon the ownership of land, the common law traditionally was wary of intervening if the plaintiff non-contractually improved the defendant’s land. For the most part, liability was imposed only if the landowner acted unconscionably according to the doctrine of...
In this article, the author explores the jurisprudence surrounding a contentious area of tort law: wrongful life claims. These claims focus on the situation in which the physician’s negligence lies in the failure to provide the child’s parents with the opportunity to prevent the birth of the...
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....
BMP Global Distributions Inc. v. Bank of Nova Scotia: The unitary action in unjust enrichmentDownload
In this article, the author discusses the decision of the Supreme Court of Canada on the unjust enrichment case BMP Global Distribution Inc. v. Bank of Nova Scotia. It states that the Supreme Court have granted the Bank of Nova Scotia the right to restitution following the mistaken payments,...
The absent dialogue: Extradition and the international covenant on civil and political rightsDownload
Extradition, as a cross-border act, inevitably involves both domestic and international law. For most states, the terms and conditions of extradition are governed by both treaty and statute, with the obligation to extradite flowing from an extradition treaty. Human rights treaties, however, are...