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- Administrative Decision Making (1)
- Causation (1)
- Common sense (1)
- Correctness (1)
- Critical Legal Theory (1)
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- Cultural Capital (1)
- Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd (1)
- Judges (1)
- Judicial Review (1)
- Live Music (1)
- Medical malpractice (1)
- Medicine (1)
- Noise Complaints (1)
- Phenomenology (1)
- Power (1)
- Private Property (1)
- Reasonableness (1)
- Wilson v Atomic Energy of Canada Ltd (1)
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Articles 1 - 3 of 3
Full-Text Articles in Law
The Phenomenology Of Medico-Legal Causation, Nicholas Hooper
The Phenomenology Of Medico-Legal Causation, Nicholas Hooper
Dalhousie Law Journal
The language of counterfactual causation employed from the bench obscures the analytical vacuity of the "butfor" test. This paper takes issue with the consistent recourse to "common sense" as a methodological tool for determining the deeply complex issue of causality. Despite manifestly empty gestures to, e.g., robust pragmatism, the current approach imposes the dominant values of the judiciary in a manner that perpetuates the current distribution of power. Whatever the merits of counterfactual inquiry, its legal iteration requires judges to construct a hypothetical narrative about "how things generally happen." This, in turn, impels a uniquely comprehensive brand ofjudicialcreativity. The results …
Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Gwendolyn Ross
Causing A Racket: Unpacking The Elements Of Cultural Capital In An Assessment Of Urban Noise Control, Live Music, And The Quiet Enjoyment Of Private Property, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
I examine the tension between and the treatment of the elements of cultural capital within dynamic mixed-use spaces, and posit that Canada's current noise control and noise pollution legislation, by-laws, and case law demonstrate a hierarchical protection framework placing greater importance on the "quiet enjoyment of private property" over live music culture, where performances are often the subject of noise complaints. While the elements of cultural capital valued by those who favour the value of quiet enjoyment of private property is well represented throughout legislation, by-laws, and case law, the elements of cultural capital valued by those who favour the …
Some Initial Thoughts On Wilson V. Atomic Energy Of Canada Ltd And Edmonton (City) V. Edmonton East (Capilano) Shopping Centres Ltd, Diana Ginn
Articles, Book Chapters, & Popular Press
Administrative law focusses on the way in which, and the extent to which, courts should oversee the exercise of administrative authority. The law on substantive review of administrative decision-making has changed drastically over the last several decades, particularly around choice of standard of review. In the words of the Honorable John M Evans, courts have returned to this issue “with almost monotonous regularity over the last 30 years”. Two Supreme Court of Canada decisions from 2016, Wilson v Atomic Energy of Canada Ltd and Edmonton (City) v Edmonton East (Capilano) Shopping Centres Ltd, have regenerated discussion about standard of …