Search

2014

Adams, Eric M.

Introduction: Just over one hundred years ago, the first law students arrived at the University of Alberta, Faculty of Law. The University — still just a handful of brick buildings dotting a freshly cleared campus conveying more hopeful promise than venerable history — provided space, but not...

2000-01-01

Harrington, Joanna

Introduction: On 2 October 2000, the Uited Kingdom brought into full force and effect its Human Rights Act 1998,1 bringing forth a new era in the protection of civil and political rights in the UK. Although the HRA received Royal Assent on 9 November 1998, the government in Westminster...

2015

Ogbogu, Ubaka, Caulfield, Timothy

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...

2012

Billingsley, Barbara

A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...

2011

Walsh, Catherine, Wood, Roderick J., Cuming, Ronald C.

Introduction: Secured transactions law in all of Canada's provinces and territories is today consolidated in a modern statutory framework: the Personal Property Security Act (PPSA) in the common law provinces and territories, and the Civil Code regime in Quebec. The road to reform was a long one,...

2005

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...

1989

Wood, Roderick J.

This article examines the evolution of the floating charge in England and Canada, and predicts its demise as a conceptually discrete security device upon the enactment of personal property security legislation in the provinces. However, the author contends that a study of the floating charge can...

1995

O'Byrne, Shannon

Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and...