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2016

Adams, Eric M.

This article is about the making of modern legal education in North America. It is a case study of the lives of two law schools, the University of Alberta, Faculty of Law and the University of Minnesota Law School, and their respective deans, Wilbur Bowker and Everett Fraser, in the decades...

2015-01-01

O'Byrne, Shannon, Cohen, Ronnie

This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...

2009-01-01

Adams, Eric

Introduction: At 10:20 a.m. on 4 December 2008 - some forty minutes after Prime Minister Stephen Harper entered Rideau Hall to request that the Governor General, Michaelle Jean, prorogue Canada's fortieth Parliament - the media reported an exciting development: the front doors opened. Reporters...

2015

Ogbogu, Ubaka, Caulfield, Timothy

Background The increasing push to commercialize university research has emerged as a significant science policy challenge. While the socio-economic benefits of increased and rapid research commercialization are often emphasized in policy statements and discussions, there is less mention or...

2016

Wood, Roderick, J.

Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the...

2004

Harrington, Joanna

Introduction: The death penalty is a subject that, in the words ofJustice Adrian Saunders of the Eastern Caribbean Court of Appeal, \"invariably elicits passionate comment.\" Such comment is particularly so within the states that make up the Commonwealth Caribbean, where rising rates of violent...

1999

McInnes, Mitchell

In this article, the author explores the principle of unjust enrichment as formulated by courts of common law jurisdictions in Canada. He analyzes and assesses that principle in light of comparable principles applied in England, Australia and Quebec. He argues that while sound in many respects,...

2013-01-01

Ogbogu, Ubaka

Introduction: When should health be treated as a subject of criminal law? With respect to health, the Constitution Act, 18671 does not specifically assign legislative authority to any level of government. As a result, Parliament and provincial legislatures can enact laws relating to health. This...

2006

Harrington, Joanna

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...

2010

Wood, Roderick J.

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...