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- 21McInnes, Mitchell
- 18Wood, Roderick J.
- 14O'Byrne, Shannon
- 9Bell, Catherine
- 9Billingsley, Barbara
- 9Harrington, Joanna
Assessing Exclusion Clauses: The Supreme Court of Canada’s Three Issue Framework in Tercon Contractors Ltd v British Columbia(Transportation and Highways)Download
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...
The focus of this article is on access to sexual and reproductive health care, an essential aspect of reproductive justice. Although the scope of the problem is unknown, there are reasons to question whether Canadian women are able to access reproductive and sexual health services such as...
BMP Global Distributions Inc. v. Bank of Nova Scotia: The unitary action in unjust enrichmentDownload
In this article, the author discusses the decision of the Supreme Court of Canada on the unjust enrichment case BMP Global Distribution Inc. v. Bank of Nova Scotia. It states that the Supreme Court have granted the Bank of Nova Scotia the right to restitution following the mistaken payments,...
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...
Introduction: Socrates' admonition about excessive and inaccurate praise of love is more instructive today than ever. Unlike Kant's notion of good will, for example, love itself cannot be seen as an unqualified good, as something that shines purely and perfectly irrespective of the interests it...
Breach of Good Faith in Performance of the Franchise Contract: Punitive Damages and Damages for IntangiblesDownload
This paper explores case law concerning breach of good faith in the franchise contract. Given the relational nature of the franchise contract, the good faith term forbids the franchisor from exploiting the franchisee’s classic vulnerability. The paper also illustrates why the franchisor is more...
This article reveals how audiences, especially in anglophone Canada, initially received and interpreted Roncarelli v. Duplessis as a case, above all, about human rights. Ignoring the judgment's myriad complexities, commentators eagerly situated the case within the Supreme Court of Canada's...
In 2006, a new Human Rights Council came into existence, replacing the former Commission on Human Rights with a restructured intergovernmental body for the global promotion of human rights and fundamental freedoms. Heralded as a turning point for human rights within the UN system, it was hoped...
This article places F.R. Scott’s 1935 call for entrenched constitutional rights within the context of marked changes in constitutional scholarship in the 1930s—what the author refers to as the “newer constitutional law”. Influenced by broader currents in legal theory and inspired by the political...
Introduction: In 2006, a new United Nations (UN) Human Rights Council came into existence, replacing the former UN Commission on Human Rights with a restructured body for the promotion of fundamental rights and freedoms. Heralded as a turning point for human rights within the UN system, the new...