Search

2015-01-01

O'Byrne, Shannon, Cohen, Ronnie

This article explores the Supreme Court of Canada’s 2014 decision in Bhasin v. Hrynew. This includes an assessment of the new duty of honesty in contractual performance and the newly identified organizing principle of good faith. The authors also discuss contracting out of the duty of honesty —...

2015-01-01

Reif, Linda C.

Introduction: Independent thematic human rights institutions have been established by some states to focus on the protection and promotion of one category of human rights or the rights of a vulnerable group.1 Children are a vulnerable population and, in response, thematic children’s rights...

2015

Billingsley, Barbara, Franz, Joel

The article discusses the 2009 and 2010 reforms to the civil procedure rules in the Canadian provinces of Alberta, Nova Scotia, Ontario, and British Columbia, and it mentions access to justice and civil litigation in Canada, as well as Revised Rules for trials and pre-trial disclosures.

2015

Ogbogu, Ubaka, Caulfield, Timothy

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...

2014

Ogbogu, Ubaka, Burningham, Sarah

There is significant public interest in the outcomes of genetic research. However, there is also a great deal of concern that genetic research and associated realms will foster the use and disclosure of personal health and genetic information in ways that undermine protected privacy interests....

2014-01-01

Lewans, Matthew

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...

2014

Ollenberger, Adam, Ogbogu, Ubaka, Borry, Pascal, Bergmann, Manuela, Caulfield, Timothy, Nobile, Helene, Toews, Maeghan

Background. Biobanks are an important research resource that provides researchers with biological samples, tools and data, but have also been associated with a range of ethical, legal and policy issues and concerns. Although there have been studies examining the views of different stakeholders,...

2014

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...

2014

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...

2014-01-01

Billingsley, Barbara

Introduction: Each of the scenarios described above gives rise to the same, long-standing question regarding document production in civil litigation, namely: are copies of otherwise unprivileged original documents or records, gathered for the dominant purpose of litigation (i.e. \"ingathered...