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Skip to Search Results- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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Gender discrimination in the common law of domicile and the application of the Canadian Charter of Rights and Freedoms
Download1991
A married woman must take her husband's domicile at common law. This rule exists in five of Canada's provinces. It is argued that the rule violates the right to equality. It is further argued that, notwithstanding the Supreme Court's decision in Dolphin Delivery, the Charter must apply to common...
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BMP Global Distributions Inc. v. Bank of Nova Scotia: The unitary action in unjust enrichment
Download2009
In this article, the author discusses the decision of the Supreme Court of Canada on the unjust enrichment case BMP Global Distribution Inc. v. Bank of Nova Scotia. It states that the Supreme Court have granted the Bank of Nova Scotia the right to restitution following the mistaken payments,...
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2001
Provides information on the nature and definition of federal security interest in Canada. Details of the Bank Act security provisions and the Canadian Shipping Act ship mortgage provisions; Structure of the provincial personal property security system; Interaction between the provisions and the...
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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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2010
How should a sham be treated for tax purposes? In 1524994 Ontario Ltd. v. M.N.R., the Federal Court of Appeal treated a sham as if it reflected the true agreement between the parties in order to uphold a GST assessment. The result was inconsistent with existing jurisprudence and undesirable....
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Comparative perspectives on the regulation of assisted reproductive technologies in Canada and the United Kingdom
Download2006
This article highlights some concerns with the regulatory structure envisioned by Canada's new Assisted Human Reproduction Act, principally by comparing Canada's proposed Assisted Human Reproduction Agency (AHRA) with the United Kingdom's Human Fertilisation and Embryology Authority (HFEA). The...
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2010
Introduction: Working out a satisfactory legal analysis of subordination agreements is a slippery business. A subordination agreement involves a contractual modification of the legal rules that ordinarily govern the order of repayment or distribution to creditors or the priority ranking of their...
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The use of conciliation or mediation for the resolution of international commercial disputes
Download2007
The article focuses on international commercial disputes, which are typically between private partners. It then emphasizes the conciliation or mediation as a method for the resolution of such disputes. It explores more international rules and model laws for the use of conciliation as an...
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The future of thematic children’s rights institutions in a national human rights institution world: The Paris Principles and the UN Committee on the Rights of the Child
Download2015-01-01
Introduction: Independent thematic human rights institutions have been established by some states to focus on the protection and promotion of one category of human rights or the rights of a vulnerable group.1 Children are a vulnerable population and, in response, thematic children’s rights...
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2008
Hutchison, Cameron, Yahya, Moin
Introduction: The recent Court of Appeals, Federal Circuit (CAFC) decision in NTP, Inc. v. Research in Motion, Ltd., (hereinafter the BlackBerry decision)1 ushered in a new era of jurisdictional uncertainty concerning transnation patent disputes. The court's standard of "control and beneficial...