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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...

2014

Pavlich, George

This article returns to a colonial discourse on crime, criminals, and punishment that the court of justice enunciated and followed during an 8-year British occupation of the Cape of Good Hope in the latter part of 1795. Tapping unusually frank juridical discussions on criminality and punishment...

2014

Reif, Linda C.

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...

2011

Percy, David R., McGillivray, David

The freehold oil and gas lease in Canada has had a perilous and uncertain existence. In the early cases, the courts applieda literal interpretation ofthe leases, resulting in numerous unexpectedly terminated leases. In recent years, there has been a resurgence of cases involving terminated...

1999

Buckwold, Tamara M.

Introduction: This article focuses on two related lines of judicial reasoning established by decisions of the Courts of Appeal of British Columbia and Saskatchewan in Seaboard Acceptance Corporation Ltd. v. Moen' and Andrew v. FarmStart. The companion issues they raise affect the right of secured...

2016

Nelson, Erin

In this article, the author explores the jurisprudence surrounding a contentious area of tort law: wrongful life claims. These claims focus on the situation in which the physician’s negligence lies in the failure to provide the child’s parents with the opportunity to prevent the birth of the...

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....

2007

Yahya, Moin, A., Clements, Ryan

This article provides a detailed overview of the mad-cow saga that took place from 2003 until 2005, and discusses its adverse impact on the economic markets of Canada and the United States in terms of trade synergies and amicable commercial relationships. The authors go on to discuss the remedies...

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...

2002-01-01

O'Byrne, Shannon, Oshioebo, Evaristus

Introduction: In Whiten v. Pilot Insurance Co., the Supreme Court of Canada considered whether a jury award of $1 million in punitive damages against an insurance company for breach of a contract was reviewable. Also considered was whether breach of an insurer's duty to act in good faith amounted...