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Articles 1 - 24 of 24
Full-Text Articles in Law
Family Law: Cases, Comments & Questions, Alastair Bissett-Johnson
Family Law: Cases, Comments & Questions, Alastair Bissett-Johnson
Dalhousie Law Journal
The thought that a Canadian, who has difficulty mastering the Federal Divorce Law together with that of 13 Provincial or Territorial bodies of family law might benefit from reading a large American casebook with national coverage requires explanation. In fact the problems of family law seem to run along defined channels of human behaviour which transcend national boundaries. The solutions are not always the same (hence the nature of this book in breaking out of particular mind sets) but the underlying problems are.
The Canadian Institute Of Resources Law At Calgary, Constance D. Hunt
The Canadian Institute Of Resources Law At Calgary, Constance D. Hunt
Dalhousie Law Journal
When the University of Calgary's Law Faculty was established in 1976, one of its mandates was to develop a specialized program in resources and environmental law. This process was embarked upon immediately through the use of many resources law issues as teaching vehicles in firstyear courses such as constitutional and property law, and the development of an upper-year curriculum that featured several courses and programs in resources and environmental law. As well, generous contributions from Calgary law firms and corporations resulted in the partial endowment of a Chair of Natural Resources Law.
Provocation And The Ordinary Person, Timothy Macklem
Provocation And The Ordinary Person, Timothy Macklem
Dalhousie Law Journal
As a defence to a charge of murder, provocation is at once the most accessible and the most fascinatingly elusive of ideas. We are all familiar with the concept of an emotional breaking point, and we are generally prepared to recognize that a person pushed beyond that point may in certain circumstances kill his or her tormentor. Yet in law, an acceptable breaking point is very hard to define. As Dickson 3. (as he then was) said in Linney v. The Queen, "provocation, in the relevant sense, is a technical concept and not easy to apprehend" It is also, unfortunately, …
Personal Injuries In Canadian Motor Vehicle Insurance Policies And The Conflict Of Laws: An Introductory Foray, Alastair Bissett-Johnson
Personal Injuries In Canadian Motor Vehicle Insurance Policies And The Conflict Of Laws: An Introductory Foray, Alastair Bissett-Johnson
Dalhousie Law Journal
At one time the personal injuries aspects of a motor vehicle insurance policy were relatively simple. The insurer agreed to meet the cost of personal injuries caused to a third party by the fault of the insured. These are normally referred to as Section A benefits. In time, however, the coverage of the policy could be increased by the payment of additional sums so as to permit: i) the insured persons to recover against their own insurer for injuries or loss caused by an uninsured or under-insured driver in circumstances in which liability existed at common law; ii) recovery by …
The Strange Cases Of Alberta's Guarantees Acknowledgement Act A Study Of Choice-Of-Law Method, Vaughan Black
The Strange Cases Of Alberta's Guarantees Acknowledgement Act A Study Of Choice-Of-Law Method, Vaughan Black
Dalhousie Law Journal
Fifty years ago John Willis wrote Two Approaches to the Conflict of Laws: A Comparative Study of the English Law and the Restatement of the American Law Institute. There he described two different - perhaps even opposed - conceptions of the problem posed by cases involving geographically complex facts. It is a goal of this article to assess the status and the vices and virtues of those two approaches in Canada today. Such a task is not a mere updating of Willis' piece, though that alone might be a useful exercise. In the first place, Willis' analysis takes place largely …
International Law And The Grotian Heritage, L C. Green
International Law And The Grotian Heritage, L C. Green
Dalhousie Law Journal
Recent emphasis on codification of this or that aspect of international law has encouraged a number of writers to re-examine the "classics" with a view to ascertaining the extent to which we have moved from the 17th and 18th centuries and how far the views of the "teachers" are still relevant or may even today be regarded as lexferenda. Coincident with the fourth centenary of the birth of Grotius, the Interuniversitair Instituut voor International Recht T.M.C. Asser Instituut in cooperation with the Grotiana Foundation organized a commemorative colloquium in the Peace Palace and the Academy of International Law at the …
Recent Reforms In Family Law: Progress Or Backlash?, Brenda Hoggett
Recent Reforms In Family Law: Progress Or Backlash?, Brenda Hoggett
Dalhousie Law Journal
My qualifications for delivering this lecture in honour of the late Horace E. Read are questionable. As an English academic family lawyer, I cannot claim an interest in the substantive areas of law which most interested him. As a member of the English Law Commission, however, I can claim an interest in legislation and the legislative process and Horace Read is perhaps best known outside North America for his pioneering work on the teaching of methods of making and applying legislation, including of course his Cases and Materials on Legislation. I should like, therefore, to offer him some thoughts on …
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Duress In The Canadian And English Law Of Restitution:, G Hl Fridman
Dalhousie Law Journal
The early history of restitution reveals that duress was relevant in two situations. In the first, one party compelled another to pay him money by reason of some threat. In the second situation, one party compelled another to pay him money which was in fact owed by a third party to the one exercising the compulsion. The former situation was a straight forward one, in which the party exercising the duress falsely or legitimately (though perhaps erroneously) caused the party subjected to the duress to accept that a debt existed between the two parties, or that the party exerting pressure …
Specific And General Nonsense?, Tim Quigley
Specific And General Nonsense?, Tim Quigley
Dalhousie Law Journal
In a previous article, I dealt with the argument that the present law on the intoxication defence was well-founded on legal authority and concluded that it was not. I then suggested that those wishing to uphold the present law as represented by Leary v. The Queen and D.PP v. Majewski would have to find support in other arguments. The purpose of this article is therefore to examine those arguments to see whether they provide sufficient ground for the current state of the law in Canada and England. In particular, the specific-general intent dichotomy will be examined in this light.
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A. Samek, Richard F. Devlin
Twisting The Tourniquet Around The Pulse Of Conventional Legal Wisdom: Jurisprudence And Law Reform In The Work Of Robert A. Samek, Richard F. Devlin
Dalhousie Law Journal
The name Robert Samek first came to my attention in the summer of 1985 as part of a research project carried out under the auspices of the Law Reform Commission of Canada. I was struck by what at the time seemed to be a complete contrast in two of his publications; his book, The Legal Point of View and an article, "A Case for Social Law Reform". Although only a few years apart, it seemed impossible that the two works could have come from the pen of the same author: the former was traditional, opaque, dull, pedantic and repetitive; the …
The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté
The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté
Dalhousie Law Journal
Wade MacLauchlan: On behalf of Pierre Issalys, who serves as co- President of the Administrative Law Section of the Canadian Association of Law Teachers, and myself, I would like to welcome you to our annual section meeting. The subject which has been adopted for today's meeting is: "The Teaching of Legislation in Canadian Law Faculties". We have the good fortune to have as panelists three of the most experienced and vital teachers of Administrative Law in the country. Professors Terry Ison of Osgoode Hall Law School, Hudson Janisch of the University of Toronto and Pierre-Andr6 Cot6 of l'Universit6 de Montr6al …
Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin
Les Sciences Jurisdiques À L'Université Du Québec À Montréal: Fifteen Years Later, Robert D. Bureau, Carol Jobin
Dalhousie Law Journal
The experiment of the Law Department as a new approach to legal education has been going on now for 15 years. It has directly involved more than 1,500 people as students, instructors (professors and sessional lecturers) and support staff (administrative and library personnel, etc.). This experiment has a unique identity, indeed a distinctive image, which has given rise to a certain amount of controversy in the Quebec legal milieu. Especially since the debates stemming from the publication of the Law and Learning Report, it seems that the experiment has also aroused a certain amount of curiosity in the Canadian legal …
The Law School At Windsor 1967-1987: A Teenager Comes Of Age, Neil Gold, Julio R. Menezes
The Law School At Windsor 1967-1987: A Teenager Comes Of Age, Neil Gold, Julio R. Menezes
Dalhousie Law Journal
The University of Windsor was established by Act of the Legislature of Ontario on July 1, 1963, one hundred and six years following an enactment by the Province of Canada to establish its predecessor, Assumption College. The new University was a federation of this Catholic College and other Christian denominational institutions, together with Essex College, a non-denominational college.
The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp
The Teaching Of International Law At The Université De Montréal: The 1971 To 1985 Period, Daniel Turp
Dalhousie Law Journal
The teaching of International Law at the Universit6 de Montr6al has continued to be of primary importance during the 14 academic years comprised between the years 1971 to 1985. This importance is evidenced by staff members devoting themselves, on a full-time basis, to international law and by the significant number of guest professors, sessional lecturers and teaching assistants that have been involved in the teaching of international law.
China's Challenge To Traditional International Law: An Exposition And Analysis Of Chinese Views And Behaviour In International Law And Politics, Paul C. Yuan
Dalhousie Law Journal
Ever since the death of the great "helmsman", father of the Chinese Communist Party, Mao Zedong, in 1976 and the fall of the "Gang of Four"' China has entered a new era of socialist reconstruction characterized by a mass introduction of foreign capital and technology as well as capitalist methods of management. With its door wide open to the outside world for foreign investment, China has repeatedly expressed its desire to "do as the Romans do" and play by the rules of the world community. However, foreign businessmen and lawyers are still skeptical about China's real intentions and its fulfillment …
The Manitoba Language Rights Reference And The Doctrine Of Mandatory And Directory Provisions, Sydney B. Horton
The Manitoba Language Rights Reference And The Doctrine Of Mandatory And Directory Provisions, Sydney B. Horton
Dalhousie Law Journal
In the Manitoba Language Rights Reference the Supreme Court of Canada determined that although there exists in Anglo-Canadian law a doctrine that makes a distinction between statutory provisions that are mandatory, in the sense that failure to comply with them will lead to invalidity of the act in question, and those that are directory, in the sense that failure to comply will not necessarily lead to such invalidity, the doctrine should not be applied when the constitutionality of legislation is in issue.' I propose to examine the rejection of the doctrine in Canada, to contrast the Court's reasoning with examples …
Promissory Estoppel In The Supreme Court Of Canada, J A. Manwaring
Promissory Estoppel In The Supreme Court Of Canada, J A. Manwaring
Dalhousie Law Journal
In 1972, Viscount Hailsham of St Marylebone said- ... the time may soon come when the whole sequence of cases based on promissory estoppel since the war ... may need to be reviewed and reduced to a coherent body of doctrine by the courts. I do not mean to say that they are to be regarded with suspicion. But as is common with an expanding doctrine, they do raise problems of coherent exposition which have never been systematically explored I Promissory estoppel has yet to receive serious attention from the Supreme Court of Canada, in spite of the fact that …
Electronic Surveillance In Crime Detection: An Analysis Of Canadian Wiretapping Law, Norman Macdonald
Electronic Surveillance In Crime Detection: An Analysis Of Canadian Wiretapping Law, Norman Macdonald
Dalhousie Law Journal
Wiretapping and electronic surveillance by law enforcement agencies has been going on in Canada for decades. An inquiry by the McDonald Commission in 1981 reveals this as part of normal activities of the Royal Canadian Mounted Police.' Now new technologies have enlarged the capacity of police in the surveillance area. Some of these developments include: 1) Laser beams and electronic rays capable of picking up and transmitting voices in the room when aimed at a walt or window. 2) Miniature listening devices known as "bugs". Once installed these devices can overhear and record everything in the room and transmit up …
A Shorn Beard, Tim Quigley
A Shorn Beard, Tim Quigley
Dalhousie Law Journal
One of the prominent features of the common law is the concept of stare decisis. As a mechanism to provide certainty and predictability in the law, it is invaluable. Nonetheless, the doctrine of binding precedent, essential though it is to the orderly development of the law, can be misused. At times, the disingenuous application of stare decisis can lead to severe distortion of the law from what was actually meant in the case being cited as authority. Such, I submit, is the case with the intoxication rules.
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.
Implementation Of Enacted Title By Registration Legislation In The Maritimes, Robert Tj Stein
Implementation Of Enacted Title By Registration Legislation In The Maritimes, Robert Tj Stein
Dalhousie Law Journal
Since my first contribution to this Journal upon the topic of title by registration,' it is possible to report a further cascade of ink; the pilot project in Prince Edward Island, which was examined, has produced two statutes: (1) Land Titles Act, Nova Scotia;2 (2) Land Titles Act, New Brunswick.3 The Nova Scotia Act remains unproclaimed and makes no repeal of the first attempt at title by registration in 1903-4 which failed to obtain substantial converts even though proclaimed. 4 New Brunswick has taken the great leap into the unknown by proclaiming its statute on 1st January, 1984;5 amending it …
Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle
Sobeys Stores Limited V. Yeomans Et Al: A Case Comment, Michael V. Coyle
Dalhousie Law Journal
In Sobeys Store Limited v. Yeomans et aLI the Appeal Division of the Nova Scotia Supreme Court seems to strike down the provisions of the provincial Labour Standards Code2 that make reinstatement a viable remedy for senior workers who have been dismissed without just cause. In reality, the judgement, now on appeal to the Supreme Court of Canada, may have missed its mark by a wide margin and, despite the obvious intention of the Court, left these very provisions untouched in the result.
Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson
Custody Disputes - Evaluation And Intervention, Alastair Bissett-Johnson
Dalhousie Law Journal
Mediation of custody disputes has become a "buzz" word of late. The duty of lawyers to discuss with clients the possibility of mediation is referred to in the new Divorce Act However, little research is available and this book is therefore a valuable contribution to the Canadian literature on dealing with custody disputes.
The Trials Of Israel Lipski, Paul Thomas
The Trials Of Israel Lipski, Paul Thomas
Dalhousie Law Journal
On June 28th 1887 in the East End of London a particularly dreadful murder took place. A woman was struck on the head and nitric acid poured down her throat as she lay in bed. Israel Lipski was found under the women's bed with some traces of nitre acid around his mouth but to no great ill effect. Both the victim and Lipski were in a room that had been locked from the inside. The room's two windows were impossible to open. Was Lipski guilty of murdering this women?