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- 3Canadian Law
- 2Access to Justice
- 2Judicial Administration
- 1Alberta. Court of Appeal
A litigator I used to work with had a way with metaphors. He once described a legal argument as being a “long arrow with a really short bow” — the implication being that, while impressive and even intimidating at first instance, the argument really did not “fly” and failed to advance the law in a...
This paper explores the ethical and legal difficulties encountered by insurance defence counsel whenconfrontedwith a coverage problem on a liability insurance policy . Ordinarily, where a .claim is made against an individual insured by a liability insurance policy, defence counsel is hired by the...
Ingathered records and the scope of litigation privilege in Canada: Does litigation privilege apply to copies or collections of otherwise underprivileged documents?Download
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...
Legislative reform and equal access to the justice system: An examination of Alberta’s new minor injury cap in the context of Section 15 of the Canadian Charter of Rights and FreedomsDownload
This article surveys the provisions in Alberta's new legislation limiting recovery for motor vehicle accident victims suffering from minor injury. The author argues that the legislation effectively limits access to the justice system for a class of persons (those suffering minor injury) and this...
Listening to the dialogue: An examination of the degree of public and media attention provided to the legislative responses to court decisions involving equality rights and sexual orientationDownload
Introduction: Since the inception of the Canadian Charter of Rights and Freedoms, legal and political scholars in Canada have grappled with the theory that judicial review under the Charter is part of a dialogue between the courts and the legislatures. According to the dialogue theory, once a...
Revolution on the path to access to justice - A closer look at the 2009 and 2010 reforms to the rules of civil procedure in Alberta, Nova Scotia, Ontario and British ColumbiaDownload
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.
The Supreme Court of Canada and the Alberta Court of Appeal: Do the top courts have a fundamental philosophical difference of opinion on public law issues?Download
Prompted by the marked clash between the Supreme Court of Canada and the Alberta Court of Appeal in R. v. Ewanchuk, the authors ask whether this conflict is indicative of a fundamental divergence of opinion between the two courts. To answer this question, the authors embark on a review of all 132...
The regulation of science and the Charter of Rights: Would a ban on non-reproductive human cloning unjustifiably violate freedom of expression?Download
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...
Whiten’s world: The Supreme Court of Canada’s insurance law decisions since Whiten v. Pilot Insurance CompanyDownload
Introduction: In the annals of Canadian insurance law, February 22, 2002, is a red letter day. On that date, the Supreme Court of Canada issued its decision in Whiten v. Pilot Insurance Co.,' upholding the trial jury's award of $1,000,000 in punitive damages against the insurer. The case was an...