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Full-Text Articles in Law

Consumer Credit In Canada: A Regulatory Patchwork, Micheline Gleixner Dec 2020

Consumer Credit In Canada: A Regulatory Patchwork, Micheline Gleixner

Dalhousie Law Journal

With unlimited access and consequent increased use of consumer credit in Canada and the federal government’s gradual abandonment of consumer credit regulation since Confederation, Provinces and Territories have progressively enacted provincial consumer protection legislation aiming to regulate the consumer credit industry and protect vulnerable consumers.

A review of current provincial and territorial legislative frameworks governing consumer credit reveals significant discrepancies and limitations. Given the expansion of the consumer credit industry and the inherent vulnerability of consumers, the article confirms the need and urgency of strengthening financial consumer protection and provides possible avenues of reform.

It is recommended that Parliament reassert …


Privacy And Connected Objects, Nicolas Karsenti Jun 2019

Privacy And Connected Objects, Nicolas Karsenti

Canadian Journal of Law and Technology

Our society perennially seeks to multiply its connectivity in the name of greater efficiency. Over the past few years, several devices that had previously been quite basic have been made ‘‘smarter” in order to facilitate a consumer’s life. A recent study highlights that some of the most common reasons for using ‘‘smart” objects are home automation and remote control. Thus, convenience is driving companies, particularly appliance makers, to connect their devices to the internet in order to make them ‘‘smart”. These range from intelligent thermostats, smart fridges, connected pacemakers, smart watches and personal assistants (PAs) such as Alexa, Siri or …


A Consumer Protection Perspective On Regulation For Healthier Eating, Barbara Von Tigerstrom Oct 2016

A Consumer Protection Perspective On Regulation For Healthier Eating, Barbara Von Tigerstrom

Dalhousie Law Journal

This article explores the potential for a consumer protection perspective to complement public health approaches in designing and justifying laws that aim to promote healthier eating, such as food labelling regulations or restrictions on marketing and advertising. Consumer protection and public health are distinct perspectives, but they share the goal of protecting health and both accept the need for regulation to protect important interests. Consumer protection objectives could be used to defend public health measures that are challenged as infringing rights or restricting trade. Insights from consumer law and scholarship could also contribute to discussions about when regulatory intervention to …


Fighting Spam. How Stringent Is The Canadian Legal Arsenal. An Analysis In The Light Of The U.S. Can-Spam Act, Serge Kablan Jan 2016

Fighting Spam. How Stringent Is The Canadian Legal Arsenal. An Analysis In The Light Of The U.S. Can-Spam Act, Serge Kablan

Canadian Journal of Law and Technology

Following several countries, Canada recently passed Canada’s Anti-Spam Legislation (CASL), in an attempt to tackle spam. The law aims to ‘‘protect Canadians while ensuring that businesses can continue to compete in the global marketplace”. For this purpose, CASL prohibits not only the sending of commercial electronic messages without consent, but also any alteration of transmission data in the course of a commercial activity. Moreover, the Act disallows the installation of a computer program on another person’s computer system and the sending of commercial electronic messages following the installation. These three activities are prohibited unless the author or initiator has obtained …


Legitimate Invasions: What Ontario Can Learn From The History Of The Consumer Reporting Act, Eliie Marshall Jan 2016

Legitimate Invasions: What Ontario Can Learn From The History Of The Consumer Reporting Act, Eliie Marshall

Canadian Journal of Law and Technology

The growth of modern surveillance has attracted great public and scholarly interest. As Justice Abella recently noted in Douez v. Facebook, the Internet has transformed the potential harms flowing from an unjustified invasion of one’s personal information. Most analyses of the associated risks, however, imply that the techniques and motivations for surveillance are new. In fact, tactics for collecting and exchanging information about individuals to gain power over those individuals are well documented since time immemorial. From William the Conquerer’s Domesday Book to IBM’s first census tabulating machine, the advantage gained through data sharing has greatly benefited the state. The …


The Coming Revolution In Class Action Notices: Reaching The Universe Of Claimants Through Technologies, Catherine Piché Dr Jan 2016

The Coming Revolution In Class Action Notices: Reaching The Universe Of Claimants Through Technologies, Catherine Piché Dr

Canadian Journal of Law and Technology

New technologies, social networking sites, blogs, and other interactive online platforms are playing an increasing part of North Americans’ lives. As of June 2017, Facebook had, on average, 1.32 billion daily active users and 2.01 billion monthly active users. Generation X spends the most time on social media, with approximately seven hours per week, while Generation Y comes in second, spending a little more than six hours per week doing the same. The heaviest users are female, who spend one quarter of their time online on social media,with males correspondingly spending 19% of their time doing so. Data on average …


Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar Oct 2011

Conceptions Of Borrowers And Lenders In The Canadian Payday Loan Regulatory Process: The Evidence From Manitoba And Nova Scotia, Freya Kodar

Dalhousie Law Journal

Commentators characterize thinking aboutpaydayloans as falling into two general perspectives. In one theory payday loans respond to market demand and are a sensible choice for a consumer with limited assets, credit, or other support when an unexpected financial need arises. The opposing theory holds that the loans are usurious and exploit vulnerable low-income borrowers. In 2007, amendments were passed exempting payday loans from the application of the criminal interest rate provisions of the Criminal Code if they were made by companies licensed by a province with a regulatory scheme. The author examines how federal and provincial lawmakers and administrative decision-makers …


Consumer Law Developments: A Note On The Impact Of Recent Federal Legislation In Nova Scotia, Hugh M. Kindred Feb 1978

Consumer Law Developments: A Note On The Impact Of Recent Federal Legislation In Nova Scotia, Hugh M. Kindred

Dalhousie Law Journal

Two years have passed since the previous comment on consumer law in this journal but surprisingly little provincial development has taken place. Consequently, this note will chiefly highlight the particular impact of changes in federal law for Nova Scotians. Provincial Activity In 1975 important additions were made to the Consumer Protection Act that were the subject of comment at the time.1 This impression of momentum created by the new department responsible for consumer affairs has disappointingly been lost. In the interim the minister has been raised to full cabinet rank and his responsibilities widened, but little reformatory legislation has been …


New Consumer Legislation In Nova Scotia, Hugh M. Kindred Jul 1976

New Consumer Legislation In Nova Scotia, Hugh M. Kindred

Dalhousie Law Journal

While political observers were commenting upon the dullness of the 1975' spring session of the Legislature, something approaching a quiet revolution was taking place in Consumer Law. Changes were heralded in January 1975 when the amendments of late 19732 to the Consumer Services Act were proclaimed in force. The amendments expanded the functions of the Consumer Services Bureau and, most importantly, permitted for the first time the appointment of a minister of Cabinet rank to administer the Act. A few days before the Legislature met in March, Dr. Maynard McAskill was named to that position. The new minister wasted no …