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1992

O'Byrne , Shannon

In this article, the author challenges the tendency in common law Canada to conflate the distinction between State and society. Following the analysis of Kenneth Dyson, the author contends that the State occupies a distinct sphere produced by or contained in the interconstitutive relationship of...

1992

Wood, Roderick J., Wylie, Michael I.

The authors trace the chaotic growth of nonconsensual security interests in personal property. Rules governing non-consensual security interests are analyzed and shown to have developed in an inconsistent and unpredictable manner. The authors set out a framework to resolve the priority contests...

1992

O, Byrne, Shannon

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...

1992

O'Byrne , Shannon

This paper analyzes contracts made by the Government' in terms of political theory.2 From this perspective, it explores the assumptions, utility, and accuracy of the private law model which historically has governed the Government's liability in contract.3 The paper's overarching objective is to...

1991-01-01

Acorn, Annalise

Introduction: Section 276 of the Criminal Code of Canada provided that, in a trial for sexual assault, the accused could not (other than in limited circumstances) adduce evidence of the sexual conduct of the complainant with persons other than the accused. The section was introduced1 as an...

1991

O'Byrne, Shannon

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...

1991

Acorn, Annalise

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...

1991

Bell, Catherine

Section 35 of the Constitution Act, 1982 recognizes the aboriginal and treaty rights of the aboriginal peoples. Section 35(2) defines \"the Aboriginal peoples of Canada\" as Indian, Inuit and Metis peoples. Although s. 35 may appear straightforward, the author points out its ambiguity. This...

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...

1990

McInnes, Mitchell

Introduction: Historically, the common law's attitude towards one who mistakenly provided non-monetary benefits to another, who neither requested nor acquiesced in their conferment, was tight-fisted and fiercely individualistic. \"One cleans another's shoes; what can the other do but put them...