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Skip to Search Results- 2Brown, Russell
- 2O'Byrne, Shannon
- 2Yahya, Moin A.
- 1Billingsley, Barbara
- 1Cohen, Ronnie
- 1Harrington, Joanna
- 2Canada
- 1Access to Justice
- 1Alberta
- 1Automobile Insurance
- 1BREACH of contract
- 1Business & corporate law
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Legislative reform and equal access to the justice system: An examination of Alberta’s new minor injury cap in the context of Section 15 of the Canadian Charter of Rights and Freedoms
Download2005
This article surveys the provisions in Alberta's new legislation limiting recovery for motor vehicle accident victims suffering from minor injury. The author argues that the legislation effectively limits access to the justice system for a class of persons (those suffering minor injury) and this...
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2005
Yahya, Moin A., Brown, Russell
Introduction: The recent pronouncement of the British Columbia Court of Appeal in Johnson v. Laing' represents a remarkable and troubling episode in the historical tension between judges and juries in the adjudication of civil claims. After setting aside a jury's verdict as \"unreasonable\" -...
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Redressing the democratic deficit in treaty law making: (Re-) establishing a role for Parliament
Download2005
Treaties are a significant source of law on a wide range of subjects, but traditionally do not become domestic law without national implementation. Nevertheless, the legal character of treaty rules does place pressure on a state's domestic institutions to ensure compliance. Given the influence of...
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Cry Me a River: Recovery of Mental Distress Damages in a Breach of Contract Action - A North American Perspective
Download2005
O'Byrne, Shannon, Cohen, Ronnie
The article focuses on the recovery of mental distress damages in breach of contract cases in an American and Canadian legal context. It argues that U.S. and Canadian courts should dismiss the general rule against the recovery of intangibles. The article offers discussions of mental distress...
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2005
Yahya, Moin A., Brown, Russell
Introduction: The recent pronouncement of Cullity J. of the Ontario Superior Court granting an order for class certification in Serhan v. Johnson & Johnson is the latest in a series of decisions since the Supreme Court of Canada expanded tort law's boundaries in Winnipeg Condominium Corp. No. 36...
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2005
Introduction The general rule in contracts is that a plaintiff is not entitled to general damages for mental distress and other intangibles such as annoyance, humiliation, upset, disappointment, frustration, anguish, or anxiety in the face of breach. There are a number of reasons why this is so...