Search

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 —...

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...

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...

2014-01-01

Lewans, Matthew

Introduction: The doctrine of judicial deference has been a touchstone in Canadian administrative law for thirty-five years. Put simply, the doctrine recognizes that administrative officials have legitimate authority to interpret the law, which means that judicial review is warranted only if an...

2014

Skorodenski, Laura K., Lai, Jessica C., Bell, Catherine

Issues around defining respectful relationships, and within those relationships, reconciling laws and values concerning use and control of intangible Indigenous heritage, arise in numerous museum contexts including : repatriation of material culture and associated information ; co-management of...

2014

Ollenberger, Adam, Ogbogu, Ubaka, Borry, Pascal, Bergmann, Manuela, Caulfield, Timothy, Nobile, Helene, Toews, Maeghan

Background. Biobanks are an important research resource that provides researchers with biological samples, tools and data, but have also been associated with a range of ethical, legal and policy issues and concerns. Although there have been studies examining the views of different stakeholders,...

2014

Pavlich, George

This article returns to a colonial discourse on crime, criminals, and punishment that the court of justice enunciated and followed during an 8-year British occupation of the Cape of Good Hope in the latter part of 1795. Tapping unusually frank juridical discussions on criminality and punishment...

2014-01-01

Acorn, Annalise, Clackson, Katherine

Introduction: Yale Law Professor Amy Chua's memoire Battle Hmn of the TigerMotherl created a media sensation. 2 The book struck a powerful chord as hundreds clamoured to register either horror or approval of Chua's confessing to and advocating for a model of mothering that mixes in equal measure...

2014

Ogbogu, Ubaka, Burningham, Sarah, Caulfield, Timothy

The article examines the privacy and access to information issues have emerged in relation to the collection and use of human tissue for genetic and cell-based research in Canada. Topics discussed include individuals' rights of access to and control over the research use and disclosure of genetic...

2014

Ogbogu, Ubaka, Burningham, Sarah

There is significant public interest in the outcomes of genetic research. However, there is also a great deal of concern that genetic research and associated realms will foster the use and disclosure of personal health and genetic information in ways that undermine protected privacy interests....