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Articles 1 - 12 of 12
Full-Text Articles in Law
Class Actions In Canada: The Promise And Reality Of Access To Justice, Camille Cameron
Class Actions In Canada: The Promise And Reality Of Access To Justice, Camille Cameron
Articles, Book Chapters, & Popular Press
Class actions have found their way into the fabric of Canada’s civil justice system. Class action legislation has been in place in Ontario for 27 years and in British Columbia and Quebec for 25 and 40 years respectively. Trial and appellate courts have had many opportunities to deal with and develop the law of class actions. Notwithstanding their longevity, however, there is little qualitative and empirical research to test many of the justice claims that are made in favour of, and the criticisms that are levelled at, class actions. This is the unsettled terrain into which Professor Kalajdzic ventures. Her …
Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz
Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz
Law School Blogs
No abstract provided.
Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder
Juror Bias, Voir Dire, And The Judge-Jury Relationship, Nancy S. Marder
Chicago-Kent Law Review
In the United States, voir dire is viewed as essential to selecting an impartial jury. Judges, lawyers, and the public fervently believe that a fair trial depends on distinguishing between prospective jurors who are impartial and those who are not. However, in England, Australia, and Canada, there are impartial jury trials without voir dire. This article challenges the assumption that prospective jurors enter the courtroom as either impartial or partial and that voir dire will reveal the impartial ones. Though voir dire fails as an “impartiality detector,” this article explores how voir dire contributes to the trial process in two …
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Learning The 'How' Of The Law: Teaching Procedure And Legal Education, David Bamford, Trevor C. W. Farrow, Michael Karayanni, Erik S. Knutsen
Osgoode Hall Law Journal
This article examines the approaches to teaching civil procedure in five common law jurisdictions (Canada, Australia, United States, Israel, and England). The paper demonstrates the important transition of civil procedure from a vocational oriented subject to a rigorous intellectual study of policies, processes, and values underpinning our civil justice system, and analysis of how that system operates. The advantages and disadvantages of where civil procedure fits within the curriculum are discussed and the significant opportunities for ‘active’ learning are highlighted. The inclusion of England where civil procedure is not taught to any significant degree in the law degree provides a …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knutsen, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Osgoode Hall Law Journal
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems— the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained re flection has been carried out as to the import and impact of this longstanding …
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
The Teaching Of Procedure Across Common Law Systems, Erik S. Knusten, Thomas D. Rowe Jr., David Bamford, Shirley Shipman
Faculty Scholarship
What difference does the teaching of procedure make to legal education, legal scholarship, the legal profession, and civil justice reform? This first of four articles on the teaching of procedure canvasses the landscape of current approaches to the teaching of procedure in four legal systems—the United States, Canada, Australia, and England and Wales—surveying the place of procedure in the law school curriculum and in professional training, the kinds of subjects that “procedure” encompasses, and the various ways in which procedure is learned. Little sustained reflection has been carried out as to the import and impact of this longstanding law school …
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Class Actions As Alternative Dispute Resolution, John C. Kleefeld
Osgoode Hall Law Journal
This article situates the action in ADR theory by viewing it as a hybrid process that draws on both the command and consensus portions of a rational dispute resolution continuum. Class action legislation does this in a number of ways, the most important being the scope it gives to courts to approve or disapprove class settlements that have been privately negotiated by defence and class counsel. The rationale is to protect the interests of absent class members and ensure that the legislative goals of class actions-access to justice, judicial economy and behaviour modification-are well served. Class actions can thereby render …
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Challenges For Cause, Stand-Asides, And Peremptory Challenges In The Nineteenth Century, R. Blake Brown
Osgoode Hall Law Journal
This article examines the substantial differences that emerged during the nineteenth century between the law of England, the United States, and Canada regarding challenges for cause, stand-asides, and peremptory challenges in the jury selection process. The author argues that these differences stemmed from the unique social conditions of each country. The emergence of legal formalism-with its emphasis on certainty and predictability in the law-affected the development of jury challenges, though the result of formalist thinking had very different effects in all three jurisdictions. In addition, Canadian law regarding jury challenges reveals the influence of both American and English legal trends.
A Tale Of Two Fora: Fresh Challenges In Defending Multijurisdictional Claims, Janet Walker
A Tale Of Two Fora: Fresh Challenges In Defending Multijurisdictional Claims, Janet Walker
Osgoode Hall Law Journal
This article analyzes recent developments in the Canadian common law of forum non conveniens as it is invoked in applications for stays and injunctions. It reviews the findings of the Supreme Court of Canada in Amchem and the Court of Appeal for Ontario in Frymer as they relate to the onus in stay applications, the significance of the plaintiffs loss of advantage and the special considerations applying to injunctions. The possibility of rationalizing the interprovincial application of the doctrine brought about by the Supreme Court's recent choice of law ruling in Tolofson is considered as are specific examples of the …
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Morguard Investments Ltd.: Emerging International Implications, Simon Coakeley, Peter Finkle, Louise Barrington
Dalhousie Law Journal
Events often gain a momentum of their own, sometimes well beyond that anticipated by those who set them in motion; this is as true in the field of law as it is in other areas of human endeavour. MorguardInvestments Ltd. v. De Savoye' is a legal event which seems to be taking on a rapidly building momentum. Basing themselves on this decision, Canadian courts, especially those in British Columbia, are recognizing and enforcing judgments from other courts in civil matters, even when these judgments bear few, if any, of the hallmarks that traditionally entitled a foreign judgment to be recognized …
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Legal Procedure: Access To Justice: 1883 To 1983, Justice Gibson
Dalhousie Law Journal
The invitation to me, as present Chairman of the Law Commission for England and Wales, to take part in this centenary celebration of Dalhousie Law School was both an honour conferred on our Law Commission and a recognition of our shared heritage of the common law and of the spirit and endeavour of law reform shared by the legal systems of Canada and of the United Kingdom. Greater honour was done to my office and to me by the conferring of the Honorary Degree of Doctor of Laws of this great university in such distinguished company.' This particular honour I …
Federal Procedure-Jurisdiction-No Appeal Allowed Under Rule 54(B) When Separated Claim Not Final, Wilber M. Brucker, Jr. S.Ed.
Federal Procedure-Jurisdiction-No Appeal Allowed Under Rule 54(B) When Separated Claim Not Final, Wilber M. Brucker, Jr. S.Ed.
Michigan Law Review
Flegenheimer sued Manitoba Sugar Co., a Canadian Corporation, in a Vermont state court for breach of an employment contract to gain jurisdiction, Flegenheimer attached parcels of beet pulp which he claimed were the property of the Manitoba Co. After this action was removed to the federal district court, General Mills, Inc., was granted leave to intervene to establish ownership of the beet pulp. The claim of General Mills was dismissed after being heard on the merits. The order dismissing the claim contained a determination that "no just reason for delay" existed, and it therefore directed an "entry of judgment" under …