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- 21McInnes, Mitchell
- 18Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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...
The right to control and access genetic research information: Does McInerney offer a way out of the consent/withdrawal conundrum?Download
Ogbogu, Ubaka, Burningham, Sarah, Caulfield, Timothy
The article examines the privacy and access to information issues have emerged in relation to the collection and use of human tissue for genetic and cell-based research in Canada. Topics discussed include individuals' rights of access to and control over the research use and disclosure of genetic...
Introduction: In 2006, a new United Nations (UN) Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body for the promotion of fundamental rights and freedoms. Heralded as a turning point for human rights within the UN system, the new...
Assessing Exclusion Clauses: The Supreme Court of Canada’s Three Issue Framework in Tercon Contractors Ltd v British Columbia(Transportation and Highways)Download
Introduction The Supreme Court of Canada's 2010 decision in Tercon Contractors Ltd v British Columbia (Transportation and Highways ) concerned the enforceability of a broadly drafted exclusion clause in the context of public procurement tendering. It is noteworthy for several reasons. First, the...
Does a judge's party of appointment or gender matter to case outcomes: An empirical study of the Court of Appeal for OntarioDownload
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...
In this paper, the author discusses the use of storytelling by certain members of the Critical Legal Studies Movement (CLS). She describes the stories told by three CLS scholars and offers the thesis that the methodology and attitudinal perspective present in their narrative voices promote a...
Wood, Roderick J., Law, John M.
The authors examine the history of the Faculty of Law at the University of Alberta. Beginning with a look at the early requirements to practice law in Alberta, the authors discuss the events leading to the establishment of the first permanent law school in the province. An analysis of the...
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...
Leonard, Clayton, Bell, Catherine
Introduction: On 22 October 1993 Steve Powley and his son, both members of a Metis community near Sault Ste. Marie, were charged with hunting a moose without a licence and with knowingly possessing game hunted in contravention of Ontario's Game and Fish Act. The Powleys were acquitted at trial...
The ombudsman: Maladministration and alternative dispute resolution
Reif, Linda C., Marshall, Mary A.
The authors seek to highlight the office of the ombudsman, which represents a potentially powerful form of alternative dispute resolution. They first examine the \"classic\" ombudsman. This ombudsman is basically a neutral party who decides which side is justified in a dispute. They examine how...