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1995

Wood, Roderick J.

Introduction: Alberta is set to become the first Canadian common law jurisdiction to comprehensively reform its judgment enforcement law. Although it was not the first province to study reform of this area of law,' it was the first to act. The Civil Enforcement Act (CEA) was passed on November...

1995

O'Byrne, Shannon

Judicial interpretation of contracts in some ways assumes that good faith is required unless otherwise explicitly stated, a trend made clear by Gateway v Arton Holdings. While common law has long relied on the notion of good faith, judges are enforcing an implied duty to both negotiate and...

1994

McInnes, Mitchell

The author argues that restitutionary relief should be available to life rescuers. Analyzed in terms of the Canadian principle of unjust enrichment, it can be said that a victim receives an enrichment and a rescuer suffers a corresponding deprivation when there is no juristic reason for the...

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...

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...

1993

Brown, Murray T., Wood, Roderick J., Bauman, Richard W.

This study examines the extent to which publicly traded Alberta corporations have included provisions in their corporate constitutions that modify or vary a corporate governance rule that would otherwise apply. Part I discusses the notion of contractual freedom in corporate law and identifies the...

1993-01-01

Elman, Bruce, Nelson, Erin

Introduction: In 1984, Ernst Zundel, a commercial artist living in Toronto, was charged with two counts of spreading false news contrary to s. 181 (formerly s. 177) of the Criminal Code. Section 181 of the Criminal Code provides: Every one who wilfully publishes a statement, tale or news that he...

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...

1992

McInnes, Mitchell

Introduction: When asked by a teacher of law what must be done to inherit eternal life, Jesus responded with the parable of the Good Samaritan. A man was going down from Jerusalem to Jericho, when he fell into the hands of robbers. They stripped him of his clothes, beat him and went away, leaving...

1992

Wood, Roderick J.

Introduction: The implementation of personal property security legislation in the Western provinces brought about a unification and rationalization of the registry systems. The Personal Property Security Act created a single registry for security interests in personal property under provincial...