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2003

McInnes, Mitchell

This article analyzes the role of freedom of choice in the Canadian law of unjust enrichment. Courts must balance the plaintiff's interest in recovering a benefit, with which she did not freely part, against the defendant's interest in controlling the allocation of resources in his possession....

2011

Acorn, Annalise

Introduction: It has never been in the best traditions of the criminal bar to quit a client over money. Having gone on the record as counsel for an accused, the lawyer is, as a matter of professional dignity, expected to have sorted out financial matters with the client in advance, and it is seen...

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...

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...

2024-05-01

Keysel Alberto Aranzamendez Besa

In this essay that won the 2024 Sheldon M. Chumir Memorial Award in Ethics, Human Rights and Civil Liberties, I argue that striking the proper balance between a law society’s commitment to democracy and its jurisdiction over lawyer-politicians warrants the limiting of actionable complaints to...

1999

Buckwold, Tamara M.

Introduction: The introduction in March 1996 of the bill leading to the enactment of the Saskatchewan Consumer Protection Act came as something of a surprise, at least to members of the academic legal community and presumably to others as well. The legislation establishes a comprehensive scheme...

2007

Yahya, Moin, A., Clements, Ryan

This article provides a detailed overview of the mad-cow saga that took place from 2003 until 2005, and discusses its adverse impact on the economic markets of Canada and the United States in terms of trade synergies and amicable commercial relationships. The authors go on to discuss the remedies...

1993

Brown, Murray T., Wood, Roderick J., Bauman, Richard W.

This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the...

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...

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,...