Search

1996

Percy, David

Water law has been of great importance in Alberta's legal and economic community over the last seventy-five years. By the time the University of Alberta's Faculty of Law first opened its doors in 1921, the reformed law of water allocation had already reached maturity and was showing its first...

1992

Bell, Catherine

ABSTRACT. As a result of increasedaboriginaldemands, museumsand govemments are reassessing their roles as guardians of various forms of cultural property. However, an underlyingpresumption in thisprocessis thatastrictlegalanalysisofownershipwill notfavour aboriginalownershipof the...

2016

Lund, Anna

Introduction: Every year, over one hundred thousand Canadians turn to the Bankruptcy and Insolvency Act for relief from their indebtedness. They require assistance handling debt loads that they have no realistic chance of ever repaying. Their debts may cause them other problems such as...

1990

McInnes, Mitchell

Introduction: In negligence law, conventional wisdom holds that it is for the plaintiff to prove on a balance of probabilities that his loss or injury resulted from the defendant's actions. Typically this is satisfied by showing that \"but for\" those actions, the accident would not have...

1984

Wood, Roderick J.

Introduction: The law governing the pledge of documents of title in Ontario is a curious mixture of statutory provisions and common law concepts. Much of the legislation is of an ancient lineage. It does not purport to create a comprehensive or coherent body of law; it was enacted merely to...

2016

McInnes, Mitchell

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...

2007

Lerner, Craig S., Yahya, Moin A.

Introduction: According to a recent issue of Business Week, many hotshots of American industry are fleeing publicly traded corporations for \"the money, freedom and glamour of private equity.\"' Among the reasons cited for their departure is the Sarbanes-Oxley Act of 2002, which not only...

2016

Nelson, Erin

In this article, the author explores the jurisprudence surrounding a contentious area of tort law: wrongful life claims. These claims focus on the situation in which the physician’s negligence lies in the failure to provide the child’s parents with the opportunity to prevent the birth of the...

1993

Bell, Catherine

Introduction: On April 17, 1982, the Aboriginal and treaty rights of the Aboriginal peoples of Canada were recognized and affirmed in the Canadian constitution. In the following years, several First Ministers' conferences were held to address Aboriginal constitutional matters. A recurring topic...

1996

McInnes, Mitchell

Introduction: Beginning with its momentous decision in Pavey & Matthews Pty Ltd v Paul,' the High Court has accepted that the concept of unjust enrichment underlies the law of restitution. That concept commonly is said to be comprised of four elements: (i) an enrichment to the defendant, (ii)...