Law Commons^™

A Canadian Lens On Third Party Litigation Funding In The American Bankruptcy Context, Stephanie Ben-Ishai, Emily Uza

Articles & Book Chapters

This Article offers two major recommendations to expand the use of third party litigation funding ("TPLF") into the U.S. insolvency context. As seen in the Canadian context, courts have accepted the use of litigation funding agreements fitting within certain parameters. If U.S. courts follow suit, friction against the implementation of TPLF can be mitigated. Alternatively, regulation may occur through legislative and regulatory models to govern and set out precisely what types of arrangements are permitted. Involving entities such as the SEC may expedite the acceptance of TPLF, but special attention is necessary not to intermingle notions of fiduciaries into the …

Institutionalising An Evidence-Informed Approach To Guideline Development: Progress And Challenges At The World Health Organization, Unni Gopinathan, Steven Hoffman

Articles & Book Chapters

This study explored experiences, perceptions and views among World Health Organization (WHO) staff about the changes, progress and challenges brought by the guideline development reforms initiated in 2007. Thirty-five semistructured interviews were conducted with senior WHO staff. Sixteen of the interviewees had in-depth experience with WHO’s formal guideline development process. Thematic analysis was conducted to identify key themes in the qualitative data, and these were interpreted in the context of the existing literature on WHO’s guideline development processes. First, the reforms were seen to have transformed and improved the quality of WHO’s guidelines. Second, independent evaluation and feedback by the …

The Source, Nature, And Content Of The Crown’S Underlying Title To Aboriginal Title Lands, Kent Mcneil

Articles & Book Chapters

The highest courts in Australia, Canada, and New Zealand have consistently held that the Crown has the underlying title to Aboriginal title lands. The United States Supreme Court has likewise concluded that either the federal or state governments have the underlying title to Indian lands. However, the source, nature, and content of this title remain obscure. This article will examine the relevant case law and contend that, in Canada, the Crown’s underlying title is a purely proprietary interest that does not amount to a current beneficial interest and does not entail any jurisdictional authority. It is sourced in the doctrine …

Corporate Social Responsibility And Corporate Governance, Cynthia A. Williams

Articles & Book Chapters

Corporate social responsibility has become a subject of growing importance in business and law. Today, no analysis of corporate governance systems would be complete without considering the pressures on companies to be seen as responsible corporate citizens. This chapter first provides a descriptive overview of developments in the field, including increasing voluntary and required environmental, social and governance (ESG) disclosure; and proliferating voluntary and multilateral standards for responsible corporate behavior. This chapter then reviews some of the more significant empirical evidence on the financial results of companies’ implementation of corporate responsibility initiatives, including the effects of such initiatives on innovation, …

The Impact Of St Catherine's Milling, Karen Drake

Articles & Book Chapters

St Catherine’s Milling may seem like a peculiar choice as one of the three constitutional cases that helped to define Canada as a nation, given that most of the legal principles affirmed by Lord Watson, writing for the Privy Council, have been overruled. This paper identifies the principles from St Catherine’s Milling which are still good law, and argues that the logic that underlies and shapes those principles is the logic of the doctrine of discovery and the principle of terra nullius.

Jurists have articulated different versions of the doctrine of discovery and disagreed about its precise requirements. At …

Federalism, The Environment And The Charter In Canada, Dayna Scott

Articles & Book Chapters

This Chapter reviews the key jurisprudential developments in relation to the division of powers in Canada, exploring how the shared jurisdiction over the “environment” created by sections 91 and 92 of the Constitution has historically and continues to shape environmental law and policy. In addition to this federal-provincial struggle, the chapter considers the current trend towards local regulation of environmental matters according to the principle of ‘subsidiarity’, and the growing recognition of the ‘inherent jurisdiction’ of Indigenous peoples. The contemporary dynamics are explored through two critical policy case studies highlighting barriers to environmental justice: safe drinking water on reserves, and …

Cripping The Ethics Of Disability Arts Research, Roxanne Mykitiuk, Andrea Lamarre, Carla Rice

Articles & Book Chapters

The use of multimedia story making and drama based narrative in disability health research raises conventional ethical issues of informed consent, anonymity and confidentiality. In this chapter we explore unique ethical issues that arise when working with non-normatively embodied research participants in a highly collaborative way, using arts based mediums that transgress boundaries of anonymity and privacy, and call for difference-tailored processes of consent. People with disabilities have long been the object of medical and health research and the subjects of biomedical ethical transgressions, giving rise to the need for stricter human subject protocols about consent, confidentiality and anonymity. However, …

Cultivating Disability Arts In Ontario, Roxanne Mykitiuk, Eliza Chandler, Nadine Changfoot, Carla Rice, Andrea Lamarre

Articles & Book Chapters

Although Deaf and disability arts has been practiced under this name since the 1970s in Canada, within the last 15 years it has begun to be recognized as its own field of arts practice and production by arts councils and cultural funding bodies (Gorman 2007). Increased funding has accelerated the production of Deaf and disability art and has increased attention from arts organizations and audiences alike. With this leveling-up of Deaf and disability arts comes the advancement of a discourse specific to this sector, one that includes conversations about how we make arts accessible and how we blend accessibility with …

Using Tickets In Employment Standards Inspections: Deterrence As Effective Enforcement In Ontario, Canada?, Rebecca Casey, Eric Tucker, Leah F. Vosko, Andrea M. Noack

Articles & Book Chapters

It is widely agreed that there is a crisis in labour/employment standards enforcement. A key issue is the role of deterrence measures that penalise violations. Employment standards enforcement in Ontario, like in most jurisdictions, is based mainly on a compliance framework promoting voluntary resolution of complaints and, if that fails, ordering restitution. Deterrence measures that penalise violations are rarely invoked. However, the Ontario government has recently increased the role of proactive inspections and tickets, a low-level deterrence measure which imposes fines of $295 plus victim surcharges. In examining the effectiveness of the use of tickets in inspections, we begin by …

Heinonline’S World Constitutions Illustrated In Top 5 Fcil Sources, Yemisi Dina

Articles & Book Chapters

World Constitutions Illustrated provides access to constitutions of various jurisdictions. There is a current constitution in the original language, one English language translation for each country, and amending laws for each constitution.

The database provides access to constitutional development documents, which is very important and critical, especially when researching smaller economies and jurisdictions. It serves as a one-stop shop for materials that may not necessarily be easily available anywhere else.

Epilogue: Indigenous Research: Future Directions, Deborah Mcgregor

Articles & Book Chapters

Indigenous research is often viewed as a novel and recently conceived research paradigm with the aim of explicitly and actively supporting the self-determination goals of Indigenous peoples (National Aboriginal Health Organization [NAHO], 2005). While it may be “new” to academia, engaging in Indigenous inquiry, along with its resultant knowledge production and mobilization, is actually far from new. Indigenous societies, like any autonomous and sovereign nations, required regularly updated knowledge to meet existing and emerging challenges. Indigenous peoples have thus been seeking knowledge to support their existence as peoples and nations for millennia (Absolon & Willet, 2004; Cardinal, 2001; Castellano, 2000; …