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Skip to Search Results- 19McInnes, Mitchell
- 17Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
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2014
Introduction: Just over one hundred years ago, the first law students arrived at the University of Alberta, Faculty of Law. The University — still just a handful of brick buildings dotting a freshly cleared campus conveying more hopeful promise than venerable history — provided space, but not...
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Ombudsman institutions and Article 33(2) of the United Nations Convention on the Rights of Persons with Disabilities
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Introduction: It is estimated that over one billion persons around the world live with some form of disability. Persons with disabilities (PWDs) are often discriminated against and subjected to more egregious treatment by state and non-state actors. Women and girls with disabilities are often...
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Ingathered records and the scope of litigation privilege in Canada: Does litigation privilege apply to copies or collections of otherwise underprivileged documents?
Download2014-01-01
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...
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2013
Introduction: Two critical questions emerge when considering rescue and liquidation in Canadian restructuring law. The first is whether the use of the traditional restructuring to rescue a financially distressed firm has become a thing of the past - whether it is on its way out and being replaced...
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2013-01-01
Introduction: In Canada, the financial industry rests upon "four pillars."' These are the securities, insurance, trust, and banking sectors. The first three have been, historically, regulated at the provincial level under the rubric of "property and civil rights," while the fourth has been...
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2013-01-01
Introduction: When should health be treated as a subject of criminal law? With respect to health, the Constitution Act, 18671 does not specifically assign legislative authority to any level of government. As a result, Parliament and provincial legislatures can enact laws relating to health. This...
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\"Can you hear me now . . . Good!\": Feminism(s), the public/private divide, and Citizens United v. FEC
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O'Byrne, Shannon, Cohen, Ronnie
Introduction: An important goal identified by early feminists was to challenge and even eliminate the distinction between the public and private spheres. Though by no means uniformly, these feminists rejected the liberal notion-broadly stated-that the public sphere (including governmental power)...
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2012
The article offers information regarding dysfunctional relationship between the Federal Bank Act security system and the provincial Personal Property Security Act (PPSA) regimes. It presents two issues created by federal and a provincial personal property security system including the priority...
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Assessing Exclusion Clauses: The Supreme Court of Canada’s Three Issue Framework in Tercon Contractors Ltd v British Columbia(Transportation and Highways)
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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...
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2012
The author addresses two perennial problems in Canadian administrative law: the choice of a standard of review and the inconsistent application of the reasonableness standard. With these problems in mind, the Supreme Court of Canada in Dunsmuir set out to establish a 'principled framework that is...