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Articles 721 - 724 of 724
Full-Text Articles in Law
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Recognition And Enforcement Of Foreign Judgments In Personam And In Rem In The Common Law Provinces Of Canada, Jean-Gabriel Castel
Articles & Book Chapters
Although it is hardly necessary to stress the advantages to international relations and international trade which may result from universal recognition and enforcement of foreign judgments, it appears that the increasing volume of international and inter- provincial trade and business has not been followed by a com- parable development of the facilities granted to creditors to recover on their claims. Each country has a tendency to protect itself against the intrusion of foreign judgments, to the prejudice of creditors in whose favour the judgments lie. The principle of territorial sovereignty is said to prevent foreign judgments from having any direct …
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Regulation-Making: The Creative Opportunities Of The Inevitable, Harry W. Arthurs
Articles & Book Chapters
The lawmaking process has diffused substantially in the past years, resulting in an increasing maze of departmental subordinate legislation. This phenomenon has not been accompanied by a parallel development of controls resulting in complaints about "bureaucracy", red-tape, inaccessability, and poor draftsmanship, and in demands for review and control. Professor Arthurs recognizes the practical inevitability of the system, but discusses the present situation critically, suggesting reforms which might help to make the regulatory process more compatible with "participatory democracy".
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Procedure And The Conflict Of Laws, Jean-Gabriel Castel
Articles & Book Chapters
The enforcement of a validly acquired foreign or domestic right is a matter of procedure governed by the lex fori. A Canadian court always applies its own procedural rules to a case involving a foreign element pending before it even though the merits of the controversy .are governed by some foreign law. Never will the court apply a foreign rule that is procedural. The court in which the action is pending cannot be expected to submit to foreign procedural rules. It must conduct the proceedings according to its own rules. Although it may be bound to apply foreign law, this …
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Industrial Unrest In Canada: A Diagnosis Of Recent Experience, J. H. G. Crispo, Harry W. Arthurs
Articles & Book Chapters
To diagnose the recent wave of industrial unrest in Canada, it is first of all necessary to indentify its characteristics. The two major dimensions of this phenomenon concern the source of union militancy and its illegal manifestations.