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2013

O'Byrne, Shannon, Cohen, Ronnie

Introduction: An important goal identified by early feminists was to challenge and even eliminate the distinction between the public and private spheres. Though by no means uniformly, these feminists rejected the liberal notion-broadly stated-that the public sphere (including governmental power)...

2006

Harrington, Joanna

Introduction: In December 2005, the Inuit Circumpolar Conference (\"ICC\") (renamed the Inuit Circumpolar Council in July 2006) publicly lodged a lengthy petition against the United States with the Inter-American Commission on Human Rights (the \"Commission\"), a Washington D.C.-based...

1994

Asch, Michael, Bell, Catherine

Professors Asch and Bell argue that Aboriginal title litigation presents a unique set of evidentiary problems both for Aboriginal plaintiffs and the courts. The elements of proof of title are themselves imbued with an ethnocentrism which serves to ignore Aboriginal systems of land ownership and...

1999

Buckwold, Tamara M.

Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured...

2005

Harrington, Joanna

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...

2010

Adams, Eric M.

This article reveals how audiences, especially in anglophone Canada, initially received and interpreted Roncarelli v. Duplessis as a case, above all, about human rights. Ignoring the judgment's myriad complexities, commentators eagerly situated the case within the Supreme Court of Canada's...

2016

Wood, Roderick, J.

Introduction: On account of its population, its geography and its history, Canada has traditionally been a borrower of laws. In the commercial law field, it borrowed the English codifications of negotiable instruments law and sales law during the late Victorian era. More recently it borrowed the...

2011

Percy, David R., McGillivray, David

The freehold oil and gas lease in Canada has had a perilous and uncertain existence. In the early cases, the courts applieda literal interpretation ofthe leases, resulting in numerous unexpectedly terminated leases. In recent years, there has been a resurgence of cases involving terminated...

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 —...

2000

McInnes, Mitchell

Introduction: In the past decade, the Supreme Court of Canada has taken an active role in restating the rules of causation that apply in tort actions arising from personal injuries. As will be seen, the relevant decisions fall within two broad categories. In the first group of cases, policy...