Law Commons^™

How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Payment Law: Legislative Competence In Canada, Benjamin Geva

Benjamin Geva

This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as baking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.

Payment Law: Legislative Competence In Canada, Benjamin Geva

Osgoode Legal Studies Research Paper Series

This article addresses the legislative competence in Canada in relation to regulatory and transactional aspects of payment of law. Setting out the parameters of "payment law", the article examines the federal legislative powers in relation to bills and notes as well as baking, in broader constitutional and historical context, and argues for federal jurisdiction. A possible legislative role for the provinces is also discussed.

Financing Consumer Sales And Product Defences In Canada And The United States, Benjamin Geva

Benjamin Geva

No abstract provided.

A Proposed Modification Of U.S. Import Relief Measures In The Context Of A U.S. - Canada Free Trade Agreement: Safeguard, Countervail, And Antidumping, Roland J. Behm

Georgia Journal of International & Comparative Law

No abstract provided.

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.

Enforcing Foreign Summary/Default Judgments: The Damoclean Sword Hanging Over Pro Se Canadian Corporate Defendants? Case Comment On U.S.A. V. Shield Development, Antonin I. Pribetic

ExpressO

Following the 2003 Supreme Court of Canada decision in Beals v. Saldanha, where the “real and substantial connection” test is otherwise met (i.e. consent-based jurisdiction, presence-based jurisdiction or assumed jurisdiction) the only available defences to a domestic defendant seeking to have a Canadian court refuse enforcement of a foreign judgment are fraud, public policy and natural justice. The 2005 Ontario decision in United States of America v. Shield Development Co., presents an opportunity to critically analyze the defence of natural justice through a juxtaposition of American and Canadian procedural law. The thesis is that procedural justice mandates that “form follow …

Commodifying Justice For Global Free Trade: The Proposed Hague Judgments Convention, Vaughan Black

Osgoode Hall Law Journal

A notable omission from the legal apparatus for international free trade is a multilateral agreement on court jurisdiction and enforcement of foreign country judgments. However, negotiations toward such an international convention are in progress. This paper explores the background to those discussions. It examines the current draft of the proposed judgments convention with particular reference to the way in which implementation of that draft would affect Canadians engaged in the practice of international commercial litigation. It concludes with a discussion of current sticking points in the negotiations, and with commentary on the judgment enforcement scene and the implications of failure …

Poison Pills: Developing A Canadian Regulatory And Judicial Response, Jody W. Forsyth

Dalhousie Law Journal

It is trite to say that the United States has witnessed an explosion of hostile take-over activity in recent years. Potential acquirers have employed both non-coercive techniques such as conditional bids and proxy solicitations, and coercive techniques such as "street sweeps' 4 and two-tier, front-end loaded bids.5 In response, target corporations have fought back with a wide variety of" defences designed to defeat any undesired take-over attempt. One of the most widely contested of these defences is the shareholder rights plan, or "poison pill" as it is better known.

The Public And Private Law Dimensions Of The Uffi Problem: Part Ii, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …

The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen

Elisabeth Haub School of Law Faculty Publications

The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …

Panel Discussion: Prognostications, L.F.E. Goldie, James M. Spence, Lorne S. Clark, Harold Russell, Michael Gadbaw, Frank Ruddy, John J. Barcelo Iii, William Connell

Syracuse Journal of International Law and Commerce

Discussion is part of the symposium: Canada and the United States: A Changing Relationship in a Changing World.

The panel discusses effects of the Foreign Investment Review Act will have on the future of United States investment flows into Canada, while acknowledging the unique relationship these two trading patterns have and the symbiosis that each provides to the other for the betterment of both North American trading partners.

The Foreign Investment Review Act Of Canada, James M. Spence

Syracuse Journal of International Law and Commerce

An assessment of the Foreign Investment Review Act of Canada of 1972, describing the rationale for the legislation, its results, and uncertainties about the scope of the jurisdiction of the Act.

A Synopsis Of Canadian Immigration Law, John Hucker

Syracuse Journal of International Law and Commerce

During the century which has elapsed since Confederation, a continuing feature of Canadian law has been the extensive use made of subordinate legislation and administrative powers to control the flow of immigrants. As well as being few and far between,3 successive Immigration Acts have included broad regulation-making authority, which has permitted the implemention and adjustment of governmental policy without the necessity of statutory amendment. To obtain a realistic picture of contemporary Canadian immigration law it is, therefore, necessary to examine a considerable array of regulations, whose practical significance frequently outweighs that of the legislation itself

Liability Of A Carrier Under A Bill Of Lading When The Goods Have Not Been Received By The Carrier, H S. Ross

Michigan Law Review

The coming into force on January I, 1917 in the United States of the FXDMAL BILL Or LADING AcT1 has given new interest to a question which was at one time much debated, namely: should a carrier whose shipmaster or agent has signed a bill of lading be liable to an innocent holder for value of such bill of lading if the carrier can show that the goods were never shipped?