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Results 1-8 of 8

 

 
REVISITING THE ROLE OF PRESUMPTIONS OF LEGISLATIVE INTENT IN STATUTORY INTERPRETATION
December 2017
Author(s): The Honourable Thomas A Cromwell, Siena Anstis and Thomas Touchie
This paper proposes a fundamental reshaping of the law regarding presumptions of legislative intent in statutory interpretation. Looking to substantive presumptions in particular, it reviews the juris ... View Summary  View Article
GLADUE AND BAIL: THE PRE-TRIAL SENTENCING OF ABORIGINAL PEOPLE IN CANADA
December 2017
Author(s): Jillian Rogin
The crisis of a failing system of judicial interim release disproportionately disadvantages Aboriginal accused persons. Rather than ameliorating this crisis, the principles articulated in R v Gladue a ... View Summary  View Article
SETTLEMENT COUNSEL: AN INNOVATIVE STRATEGY FOR THE MANAGEMENT AND RESOLUTION OF COMMERCIAL LITIGATION FILES
December 2017
Author(s): Michaela Keet
Settlement Counsel is a negotiation structure that separates litigation and settlement roles—allowing for the simultaneous advancement of litigation and negotiation on parallel tracks, by different la ... View Summary  View Article
DAMAGES FOR BREACH AND INTERPRETATION OF JURISDICTION AGREEMENTS IN COMMON LAW CANADA
December 2017
Author(s): Richard Frimpong Oppong and Shannon Kathleen Clark Gibbs
An important provision often found in international or interprovincial commercial contracts is a jurisdiction agreement. Such a provision is used by the parties to provide them some measure of certain ... View Summary  View Article
PEUT-ON CONCILIER RÉALITÉ ET ENJEUX ÉTHIQUES, JURIDIQUES ET SCIENTIFIQUES DANS LE PROCESSUS D’ÉVALUATION MÉDICALE DE L’INAPTITUDE DES PERSONNES ÂGÉES?
December 2017
Author(s): Yara Barrak, Nicholas Léger-Riopel
As Canadian society ages, physicians are often called upon to assess the capacity of elderly patients. This kind of medical assessment has ethical, social and legal dimensions that may be outside the ... View Summary  View Article
WHAT CHANGES DID GRASSY NARROWS FIRST NATION MAKE TO FEDERALISM AND OTHER DOCTRINES?
December 2017
Author(s): HW Roger Townshend
The Grassy Narrows case was a challenge, based on the promises made in Treaty 3, to Ontario’s forest management scheme. The underlying concern was the impact of a logging licence on treaty hunting rig ... View Summary  View Article
FROM COLLEAGUE TO COP TO COACH: CONTEMPORARY REGULATION OF LAWYER COMPETENCE
December 2017
Author(s): Amy Salyzyn
Over the last several decades, Canadian law societies have significantly expanded their regulatory reach in relation to the post-entry competence of lawyers. In this article, a novel framework is prop ... View Summary  View Article
LE MANQUEMENT À LA NORME DE DILIGENCE ET LA FAUTE DANS LE CADRE DU DÉLIT DE NÉGLIGENCE (COMMON LAW) ET DE LA RESPONSABILITÉ EXTRACONTRACTUELLE DU FAIT PERSONNEL (DROIT CIVIL) AU CANADA: UNE ÉTUDE COMP
December 2017
Author(s): Marel Katsivela
This study aims to describe the principles that govern breaches of the standard of care (in the common law tort of negligence) and fault (personal extra-contractual liability in the civil law—CCQ sect ... View Summary  View Article
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