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1999

Nelson, Erin, Caulfield, Timothy

[I]t is time the Supreme Court of Canada reconsidered the question of causation in those medical malpractice cases where the negligence alleged consists of a failure to make all reasonable disclosure necessary to an informed decision by the patient on a course of treatment ... the rule in Reibl...

1990

McInnes, Mitchell

Introduction: In negligence law, conventional wisdom holds that it is for the plaintiff to prove on a balance of probabilities that his loss or injury resulted from the defendant's actions. Typically this is satisfied by showing that \"but for\" those actions, the accident would not have...

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...

2003

Billingsley, Barbara

Introduction: In the annals of Canadian insurance law, February 22, 2002, is a red letter day. On that date, the Supreme Court of Canada issued its decision in Whiten v. Pilot Insurance Co.,' upholding the trial jury's award of $1,000,000 in punitive damages against the insurer. The case was an...

1977

Percy, David

The author studies the law in Alberta regarding the use of water resources. The right to divert surface water from its course or to detain its natural flow for consumptive or other purposes is discussed. The author contends that the present Alberta Water Resources Act does not develop maximum...

2003

Wood, Roderick J.

This article examines the use of all obligation clauses in security agreements and their potential to transform an unsecured claim into a more valuable secured claim upon an assignment of the unsecured claim or the security agreement. The author addresses three arguments that have been levelled...

2008

Hutchison, Cameron, Yahya, Moin

Introduction: The recent Court of Appeals, Federal Circuit (CAFC) decision in NTP, Inc. v. Research in Motion, Ltd., (hereinafter the BlackBerry decision)1 ushered in a new era of jurisdictional uncertainty concerning transnation patent disputes. The court's standard of "control and beneficial...

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...

1992

O'Byrne , Shannon

In this article, the author challenges the tendency in common law Canada to conflate the distinction between State and society. Following the analysis of Kenneth Dyson, the author contends that the State occupies a distinct sphere produced by or contained in the interconstitutive relationship of...

2007

Reif, Linda C.

The article focuses on international commercial disputes, which are typically between private partners. It then emphasizes the conciliation or mediation as a method for the resolution of such disputes. It explores more international rules and model laws for the use of conciliation as an...