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1995

Bell, Catherine

Introduction: For many aboriginal peoples in Canada the concept of aboriginal rights includes a right to exercise control over cultural property.' To date, the assertion of this right has, in most cases, been limited to extra-judicial negotiation. For example, modern land claims agreements such...

2007

McInnes, Mitchell

The article discusses the two issues including ambiguity and error in the statement regarding equitable remedy that will necessarily involve discretion and questions of fairness in the judgment held in the Supreme Court case Garland v. Consumers' Gas Co. in Canada. It explains why unjust ought is...

2011

McInnes, Mitchell

The article focuses on the advances made by the Supreme Court of Canada in the law of unjust enrichment on the case of Kerr versus Baranow which was clarified by Cromwell J. by returning to the first principles of unjust enrichment. The author states that the failure of the court to recognize the...

2001

McInnes, Mitchell

Discusses the case 'Attorney General v. Blake,' where the Canadian House of Lords accepted the concept of gain-based relief for breach of contract. Calculation of contractual relief with reference either to what the plaintiff lost or what the defendant gained; Delineation of the relevant cause of...

2004

Caulfield, Timothy, Billingsley, Barbara

Non-Reproductive Human Cloning (NRHC) allows researchers to develop and clone cells, including non-reproductive cells, and to research the etiology and transmission of disease. The ability to clone specific stems cells may also allow researchers to clone cells with genetic defects and analyze...

1996

Lewans, Matthew

Introduction: Medical products have a therapeutic potential that can substantially improve the quality of life. Nevertheless, technological progress in the field of medicine is consistently met with guarded optimism. The benefits to be gained are often accompanied by unexpected risks. If injury...

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...

2004

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...

2005

Yahya, Moin A., Brown, Russell

Introduction: The recent pronouncement of the British Columbia Court of Appeal in Johnson v. Laing' represents a remarkable and troubling episode in the historical tension between judges and juries in the adjudication of civil claims. After setting aside a jury's verdict as \"unreasonable\" -...

1990

Reif, Linda C.

Introduction: The hallmark of dispute' settlement in the international system is its consensual nature. Disorder in relations between entities which have formal status on this level, primarily the nation-state and certain international organizations, cannot be remedied unless all the parties...