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Osgoode Hall Law School of York University

Journal

1992

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Articles 31 - 45 of 45

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Appeals On The Merits, Terence G. Ison Jan 1992

Appeals On The Merits, Terence G. Ison

Osgoode Hall Law Journal

This article deals with the limitations of judicial review and the possibilities of its augmentation or replacement by a regime of appeals on the merits. The author questions some assumptions that are commonly made about appellate structures. He criticizes the "broad-brush approach" and warns that there is no panacea. The article explains why any broad regime of appeals on the merits from tribunals to courts of general jurisdiction is not an available option, and it discusses alternative structures of appeals to tribunals. Finally, it explains why it would be irresponsible to propose any appellate structure covering any substantive subject except …


Excessive Demands On Health And Social Services: S. 19(1)(A)(Ii) Immigration Act - What Is The Standard To Sponsor Infirm And Elderly Parents?, Kenneth H. Post Jan 1992

Excessive Demands On Health And Social Services: S. 19(1)(A)(Ii) Immigration Act - What Is The Standard To Sponsor Infirm And Elderly Parents?, Kenneth H. Post

Journal of Law and Social Policy

No abstract provided.


Poverty Law In Ontario: The Year In Review [1992], Randall Ellsworth, Ian Morrison Jan 1992

Poverty Law In Ontario: The Year In Review [1992], Randall Ellsworth, Ian Morrison

Journal of Law and Social Policy

No abstract provided.


Useless (Uoslas) V. The Bar: The Struggle Of The Ottawa Student Clinic To Represent Battered Women, Ruth Carey Jan 1992

Useless (Uoslas) V. The Bar: The Struggle Of The Ottawa Student Clinic To Represent Battered Women, Ruth Carey

Journal of Law and Social Policy

No abstract provided.


Payment Into Court Under Section 113(6) Of The Landlord And Tenant Act, Jack Fleming Jan 1992

Payment Into Court Under Section 113(6) Of The Landlord And Tenant Act, Jack Fleming

Journal of Law and Social Policy

No abstract provided.


Immigration Detention, Stephen Foster Jan 1992

Immigration Detention, Stephen Foster

Journal of Law and Social Policy

No abstract provided.


Squeezing Blood From Stones: The Income Tax Industry In Canada, Lorne Sossin Jan 1992

Squeezing Blood From Stones: The Income Tax Industry In Canada, Lorne Sossin

Journal of Law and Social Policy

No abstract provided.


Discretion In Social Assistance Legislation, Nathalie Des Rosiers, Bruce Feldthusen Jan 1992

Discretion In Social Assistance Legislation, Nathalie Des Rosiers, Bruce Feldthusen

Journal of Law and Social Policy

No abstract provided.


Mckinney Et Ses Consequences Pour Les Groupes Defavorises, Georges Campeau Jan 1992

Mckinney Et Ses Consequences Pour Les Groupes Defavorises, Georges Campeau

Journal of Law and Social Policy

This article reviews the McKinney decision of the Supreme Court of Canada, focusing on the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. The author reviews the change in the test for the application of section 1, from the Oakes to the McKinney judgements, suggests how this change has a negative impact on disadvantaged groups, and suggests ways that advocates for disadvantaged groups might avoid or lessen that negative impact.


Trespass To Property: Shopping Centres, Lisa Loader Jan 1992

Trespass To Property: Shopping Centres, Lisa Loader

Journal of Law and Social Policy

No abstract provided.


Ligitimate Expectation And Its Application To Canadian Immigration Law, Debra Shapiro Jan 1992

Ligitimate Expectation And Its Application To Canadian Immigration Law, Debra Shapiro

Journal of Law and Social Policy

No abstract provided.


The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock Jan 1992

The Efficacy Of The Tort System And Its Alternatives: A Review Of Empirical Evidence, Don Dewees, Michael J. Trebilcock

Osgoode Hall Law Journal

This paper reviews the existing empirical evidence on the efficacy of the tort system and alternatives to it. The evidence is evaluated against three normative goals: deterrence, corrective justice, and distributive justice. Empirical evidence relating to five major categories of accidents is reviewed: automobile accidents, medical malpractice, product related accidents, environmental injuries, and workplace injuries. In each case, the paper proceeds by reviewing empirical evidence on the deterrence and compensatory properties of the tort system, and then reviews parallel bodies of evidence on regulatory or penal alternatives and on compensatory alternatives to the tort system. The paper concludes that the …


C 1 Waste Management Act, 1992/Loi De 1992 Sur La Gestion Des Déchets, Ontario Jan 1992

C 1 Waste Management Act, 1992/Loi De 1992 Sur La Gestion Des Déchets, Ontario

Ontario: Annual Statutes

No abstract provided.


The Supreme Court's First One Hundred Charter Of Rights Decisions: A Statistical Analysis, F. L. Morton, Peter H. Russell, Michael J. Withey Jan 1992

The Supreme Court's First One Hundred Charter Of Rights Decisions: A Statistical Analysis, F. L. Morton, Peter H. Russell, Michael J. Withey

Osgoode Hall Law Journal

This study presents a descriptive statistical analysis of the Supreme Court of Canada's first one hundred Charter of Rights decisions (1982-1989). Charter appeals now constitute one-quarter of the Court's annual caseload. The Court has abandoned the judicial self-restraint that shaped its pre-Charter civil liberties jurisprudence. It has upheld rights claimants in 35 percent of its decisions and declared nineteen statutes void. Seventy-five percent of the Court's Charter work dealt with legal rights and criminal justice, but more provincial statutes were declared invalid than federal. After an initial period of consensus, the Court divided into identifiable voting blocs, with wide discrepancies …


A Black (And Rising?) Tide: Controlling Maritime Oil Pollution In Canada, Suzanne Hawkes, Michael M'Gonigle Jan 1992

A Black (And Rising?) Tide: Controlling Maritime Oil Pollution In Canada, Suzanne Hawkes, Michael M'Gonigle

Osgoode Hall Law Journal

A series of dramatic oil spills in recent years has once again drawn critical attention to the nature and adequacy of existing domestic and international legislation regarding ship source oil pollution. Predictably, legislators and policy makers have responded with a plethora of studies, reviews, and consultations. However, past improvements to the domestic and international regimes have traditionally been slow and incremental, at best. In Canada, approximately three years have passed since the Nestucca spill took place off the B.C. coast. Yet, while there has been much discussion, domestic legislation remains virtually unaltered at the present time. The authors find that …