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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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2000
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...
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2014-01-01
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...
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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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Does a judge's party of appointment or gender matter to case outcomes: An empirical study of the Court of Appeal for Ontario
Download2007
Stribopoulos, James, Yahya, Moin A.
A recent study by Cass Sunstein identified ideological differences in the votes cast by judges on the United States Courts of Appeals in certain types of cases. He found that these patterns varied depending on the ideology of an appellate judge's co-panelists. In this study, we undertake a...
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Lois autochtones, loi sur la propriété intellectuelle et politiques muséales: Des diverses méthodes de protection du patrimoine immatériel autochtone / Indigenous law, intellectual property and museum policy: Methods for protecting Aboriginal intangible heritage
Download2014
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...
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2000
Introduction: Socrates' admonition about excessive and inaccurate praise of love is more instructive today than ever. Unlike Kant's notion of good will, for example, love itself cannot be seen as an unqualified good, as something that shines purely and perfectly irrespective of the interests it...
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2009-01-01
Introduction: At 10:20 a.m. on 4 December 2008 - some forty minutes after Prime Minister Stephen Harper entered Rideau Hall to request that the Governor General, Michaelle Jean, prorogue Canada's fortieth Parliament - the media reported an exciting development: the front doors opened. Reporters...
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Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for Intangibles
Download2004
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more...
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The absent dialogue: Extradition and the international covenant on civil and political rights
Download2006
Extradition, as a cross-border act, inevitably involves both domestic and international law. For most states, the terms and conditions of extradition are governed by both treaty and statute, with the obligation to extradite flowing from an extradition treaty. Human rights treaties, however, are...
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1997
Introduction: Pornography is no longer \"sexy\" in the academy. Neither feminist nor other scholars show much interest in continuing to theorize the law's role in regulating the sexually explicit. Most of the familiar stakeholders in the debate - free speech liberals, radical feminists, lesbian...