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Articles 31 - 45 of 45
Full-Text Articles in Entire DC Network
Appeals On The Merits, Terence G. Ison
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …