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- 21McInnes, Mitchell
- 18Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
The author studies the law in Alberta regarding the use of water resources. The right to divert surface water from its course or to detain its natural flow for consumptive or other purposes is discussed. The author contends that the present Alberta Water Resources Act does not develop maximum...
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...
Section 35 of the Constitution Act, 1982 recognizes the aboriginal and treaty rights of the aboriginal peoples. Section 35(2) defines \"the Aboriginal peoples of Canada\" as Indian, Inuit and Metis peoples. Although s. 35 may appear straightforward, the author points out its ambiguity. This...
Introduction: In negligence law, conventional wisdom holds that it is for the plaintiff to prove on a balance of probabilities that his loss or injury resulted from the defendant's actions. Typically this is satisfied by showing that \"but for\" those actions, the accident would not have...
Nelson, Erin, Caulfield, Timothy
[I]t is time the Supreme Court of Canada reconsidered the question of causation in those medical malpractice cases where the negligence alleged consists of a failure to make all reasonable disclosure necessary to an informed decision by the patient on a course of treatment ... the rule in Reibl...
\"Can you hear me now . . . Good!\": Feminism(s), the public/private divide, and Citizens United v. FECDownload
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)...