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Articles 1 - 29 of 29
Full-Text Articles in Law
Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray
Material Contribution To Justice - Toxic Causation After Resurfice Corp. V. Hanke, Lynda M. Collins, Heather Mcleod-Kilmurray
Osgoode Hall Law Journal
The vast universe of chemicals in the Canadian environment is presently understood only poorly by science. For many thousands of chemicals, important data regarding chronic toxicity are lacking. As a result, the requirement that the plaintiff in a negligence action prove causation of illness on a but-for standard has frequently been unattainable. In Resurfice Corp. v. Hanke, the Supreme Court of Canada articulated an important exception to the but-for test. In circumstances where but-for causation is unprovable due to limits in scientific knowledge, proof that a defendant materially contributed to the plaintiff's risk of incurring the type of injury that …
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
From Scanning To Sexting: The Scope Of Protection Of Dignity-Based Privacy In Canadian Child Pornography Law, Andrea Slane
Osgoode Hall Law Journal
The Canadian approach to privacy rights in one's body is embedded in the relationship between interests in privacy, bodily integrity, and human dignity. Clarifying these interests is complicated by Canada's middle-ground stance between the European "dignity-based" approach to privacy and the US "liberty-based" orientation. The Canadian approach is closer to the European model when intrusions upon the body are conceived as wholly or mostly non-consensual (e.g., strip searches, voyeurism, and most child pornography). However, once consent plays a potentially determinative rote, the US liberty-based approach gains ground. This reluctance to fully align dignity with privacy results in confusion about the …
Book Review: The Disenchantment Of Secular Discourse, By Steven D. Smith, Lorne Neudorf
Book Review: The Disenchantment Of Secular Discourse, By Steven D. Smith, Lorne Neudorf
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Book Review: The Democratic Aspects Of Trade Union Recognition, By Alan Bogg, Anthony Forsyth
Osgoode Hall Law Journal
No abstract provided.
Book Review: From Coexistence To Conquest: International Law And The Origins Of The Arab-Israeli Conflict, 1891- 1949, By Victor Kattan, Michael Lynk
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Book Notes: Lawscape: Property, Environment, Law, By Nicole Graham, Maggie Chien
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Book Notes: Transforming Labour: Women And Work In Post-War Canada, By Joan Sangster, Catherine Healy-Varley
Osgoode Hall Law Journal
No abstract provided.
Book Notes: No Need Of A Chief For This Band: The Maritime Mi'kmaq And Federal Electoral Legislation, 1899-1951, By Martha Elizabeth Walls, Bronwyn Roe
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Book Notes: The Meaning Of Property: Freedom, Community, And The Legal Imagination, By Jedediah Purdy, Alexander Schmitt
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Book Notes: The Man Question: Male Subordination And Privilege, By Nancy E. Dowd, Umair Abdul
Osgoode Hall Law Journal
No abstract provided.
Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag
Book Review: The Hart-Fuller Debate In The Twenty-First Century, By Peter Cane (Ed), Sean Rehaag
Osgoode Hall Law Journal
No abstract provided.
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Book Notes: Canada's Indigenous Constitution, By John Borrows, Whitney Bell
Osgoode Hall Law Journal
No abstract provided.
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Osgoode Hall Law Journal
Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Book Review: Reappraising The Resort To Force: International Law, Jusadbellumand The War On Terror, By Lindsay Moir, Christopher S. Waters
Osgoode Hall Law Journal
No abstract provided.
Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman
Misfeasance, Nonfeasance, And The Self-Interested Attorney, C. D. Freedman
Osgoode Hall Law Journal
How extensive should the liability of an attorney acting under a "continuing power of attorney" be? Where the donor is capable, the question is not unduly complicated. However, where the donor is incapable and the attorney has an interest in the donor's estate, the question is more difficult. Attorneys acting on behalf of incapable donors should conduct themselves according to the highest standards of probity and fidelity in addition to performing their duties competently. Unexcused breach of the duty of care should result in compensation. For breach of fiduciary duty, restitution should be the norm rather than compensation. In the …
Chasing Reputation: The Argument For Differential Treatment Of Public Figures In Canadian Defamation Law, Bob Tarantino
Chasing Reputation: The Argument For Differential Treatment Of Public Figures In Canadian Defamation Law, Bob Tarantino
Osgoode Hall Law Journal
When comparing the seminal Supreme Court of Canada defamation decisions of the 1990s and 2000s, it is apparent that the Court's view on the importance of protecting reputation has changed. Recent decisions hail the importance of using freedom of expression as a countervailing interest against the oft-criticized strictures of the common law of defamation. Fundamental alterations in the nature of mass and interactive media and in the nature of reputation are two phenomena informing this change. Increased attention to the theorizing of "reputation," the interest whose protection animates the entire tort of defamation, reveals that reputation is itself a highly …
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Mediating Rights And Responsibilities In Control Transactions, Sean Vanderpol, Edward J. Waitzer
Osgoode Hall Law Journal
There is a growing debate as to the relative merits and consequences of a shift to a more shareholder-centric corporate governance framework. How much "direct democracy" makes sense in corporate decision making? If power is to be transferred to shareholders, should responsibilities be imposed (and, if so, how)? These issues have long been addressed by courts and regulators in the context of unsolicited control transactions. In its recent Air Products & Chemicals v. Airgas decision, the Delaware Chancery Court canvassed the evolution of its law on this point and concluded that implicit in the power (and responsibility) of the board …
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Book Notes: Making Our Democracy Work: A Judge's View, By Stephen Breyer, Chanakya Sethi
Osgoode Hall Law Journal
No abstract provided.
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Interventions At The Supreme Court Of Canada: Accuracy, Affiliation, And Acceptance, Benjamin R. D. Alarie, Andrew J. Green
Osgoode Hall Law Journal
Interveners make submissions in about half of the cases heard by the Supreme Court of Canada, but the motivations for and consequences of the practice are not clearly understood. Considered broadly, there are at least three functions that the practice of intervention might perform. The first possibility is that hearing from interveners might provide objectively useful information to the Court (i.e., interveners might promote the "accuracy" of the Court's decision making). A second possibility is that the practice of intervention allows interveners to provide the "best argument" for certain partisan interests that judges might want to "affiliate" with. A third …
Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple
Book Review: The Best Interests Of Children: An Evidence-Based Approach, By Paul Millar, Noel Semple
Osgoode Hall Law Journal
No abstract provided.
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Book Notes: The Politics Of Acknowledgement: Truth Commissions In Uganda And Haiti, By Joanna R. Quinn, Kirsten Mikadze
Osgoode Hall Law Journal
No abstract provided.
In The Park: A Jurisprudential Primer, Allan C. Hutchinson
In The Park: A Jurisprudential Primer, Allan C. Hutchinson
Osgoode Hall Law Journal
No abstract provided.
The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios
The Legitimacy Of The Juridical: Constituent Power, Democracy, And The Limits Of Constitutional Reform, Joel Colon-Rios
Osgoode Hall Law Journal
This article asks and answers the question of what conditions must be met for a constitutional regime to enjoy democratic legitimacy. It argues that the democratic legitimacy of a constitutional regime depends on its susceptibility to democratic re-constitution. In other words, it argues that a constitution must provide an opening, a means of egress for constituent power to manifest from time to time. In developing this argument, the article advances a distinction between ordinary constitutional reform -- understood as subject to certain limits -- and the exercise of constituent power through which a society produces novel juridical forms without being …
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Whose Best Interests?: Custody And Access Law And Procedure, Noel Semple
Osgoode Hall Law Journal
This article compares the law of custody and access disputes with the procedure used to resolve them. The author argues that there is a fundamental contradiction between the two. The former focuses on the interests of the children involved to the exclusion of everything else. The latter, however, is controlled by and designed to protect the rights and interests of the adult parties to the dispute. Despite their doctrinal centrality in custody and access law, children are usually silent and invisible in custody and access procedure. To resolve this contradiction, the author proposes a focus on the costs and benefits …
National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney
National Security Surveillance In An Age Of Terror: Statutory Powers & Charter Limits, Steven Penney
Osgoode Hall Law Journal
The communications surveillance powers granted to Canada's national security agencies have rarely resulted in prosecution and, as a result, have been subject to very little judicial, academic, or public scrutiny. However, as the state increasingly seeks to prosecute alleged terrorists, courts will have to interpret the scope of these powers and decide whether they violate section 8 of the Canadian Charter of Rights and Freedoms (the Charter). A review of the powers granted to police, the Canadian Security Intelligence Service (CSIS), and the Communications Security Establishment Canada (CSEC) reveals two constitutional infirmities: allowing police to conduct communications surveillance in terrorism …
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Reconceptualizing Vagrancy And Reconstructing The Vagrant: A Socio-Legal Analysis Of Criminal Law Reform In Canada, 1953-1972, Prashan Ranasinhe
Osgoode Hall Law Journal
This article explores significant reforms to the vagrancy section of the Criminal Code during the mid-to-late twentieth century. By locating the reforms within their unique social, political, and economic climates, I examine how they reconceptualized the offence of vagrancy and concomitantly reconstructed the vagrant as a social problem. The reforms played a seminal role in reducing the number of vagrancy offences, eventually leading to the demise of vagrancy in the criminal law. Yet, while the "vagrant" ceased to exist in the law, the law still continues to preserve vestiges of the vagrant in a highly gendered manner.
Offence Definitions, Conclusive Presumptions, And Slot Machines, Michael Plaxton
Offence Definitions, Conclusive Presumptions, And Slot Machines, Michael Plaxton
Osgoode Hall Law Journal
Canadian evidence scholars frequently claim that conclusive presumptions are nothing more than substantive offence definitions. This position reflects a persistent confusion, not about the function of legal presumptions in the law of evidence, but about the function of offence definitions beyond the law of evidence. Offence definitions, unlike conclusive presumptions, serve the normative function of defining wrongful conduct for citizens. This commentary argues that the language of conclusive presumptions allows us to distinguish the gravamen of a criminal offence from a means of facilitating proof of that wrong. It is, to that extent, worth preserving the distinction between conclusive presumptions …
The Governance Of Military Police In Canada, Andrew Halpenny
The Governance Of Military Police In Canada, Andrew Halpenny
Osgoode Hall Law Journal
The Military Police is a special federal police force in Canada with unique authority, designed to support military commanders both in operations and in garrison. However, it has historically been under the command of non-Military Police officers, and is consequently not governed like other police forces in Canada. Part of this arrangement can be explained by its special military duties, but much of it is the result of a tradition that is at odds with current societal norms. It is the position of the author that differences in norms between the Military Police and other Canadian police forces can only …
Are National Class Actions Constitutional?: A Reply To Hogg And Mckee, Janet Walker
Are National Class Actions Constitutional?: A Reply To Hogg And Mckee, Janet Walker
Osgoode Hall Law Journal
This article argues that there is no constitutional impediment to the certification of multijurisdictional class actions by provincial superior courts, and no constitutional requirement to confine plaintiff classes to those in which each claim has a real and substantial connection to the forum. Neither the text of the Constitution nor the constitutionally mandated rules of the conflict of laws restrict court jurisdiction in this way. Rather, the principles of order and fairness require Canadian courts to exercise jurisdiction over multi-jurisdictional class actions in a way that maximizes the objectives of class actions, and minimizes the incidence of overlapping classes and …