Law Commons^™

Appellate Court Reform In Ontario: A Consultation Paper, John D. Mccamus, D. F. Bur

Commissioned Reports, Studies and Public Policy Documents

No abstract provided.

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council Arms Embargo On Bosnia And Herzegovina, Craig M. Scott, Francis Chang, Peter Copeland, Jasminka Kalajdzic

Articles & Book Chapters

No abstract provided.

Can Ontario Sustain Cadillac Legal Services?, Frederick H. Zemans, Lewis T. Smith

Articles & Book Chapters

Recently described in the American Lawyer as Canada's Cadillac legal services, the Ontario legal aid scheme--Canada's first and today its most costly-is in serious need of repair. This paper, which grows out of a presentation made by Robert Holden, Director of the Ontario Legal Aid Plan, describes both the introduction of legal aid services in Ontario and the evolution of the original pro bono scheme into a government-funded judicare scheme.

It is not surprising that in 1952, when contemporary legal aid was introduced into Canada, both the bar and government of Ontario looked to the United Kingdom for direction. In …

The Issuing Bank's Defences Against The Payee Of A Bank Draft - Addendum To "The Autonomy Of The Banker's Obligation On Bank Drafts And Certified Cheques", Benjamin Geva

Articles & Book Chapters

No abstract provided.

Limitations In Intellectual Property: "The Time Is Out Of Joint", David Vaver

Articles & Book Chapters

The question whether a right is barred through effluxion of time is one that should be easily ascertained and understood. This is as true for intellectual properly law as for any other area. The laws establishing copyrights, patents, designs, trademarks, plant breeders' rights and integrated circuit topography rights do not, however, live up to this standard. Instead they create traps for both common and civil lawyers. The author argues that the present confusion should be eliminated by the passage of a single federal limitation statute applying to all intellectual property and drawing from the principles found in the more recently …

The Use Of Non-Discriminatory Language In The Law, Mary Jane Mossman

Articles & Book Chapters

The use of language is fundamental to law. This paper addresses three reasons why lawyers should use non-discriminatory (and especially non-sexist) language: to promote accuracy in legal writing and speech; to meet current standards of professional integrity and responsibility; and to be consistent with legal norms of equality and non-discrimination in Canadian law. The paper then examines ways of achieving non-discriminatory language in English and French in a number of concrete situations. The paper examines the `false generics" of "l'homme" and "man"; the problems of gender specific pronouns (a problem which has different implications in English and in French); and …

The Faces Of Coercion: The Legal Regulation Of Labor Conflict In Ontario, 1880-1889, Eric Tucker

Articles & Book Chapters

This article is part of a larger study of Canadian labor law before the advent of statutory collective bargaining, which questions the traditional periodization and the meanings of the categories. It is often an un-articulated premise that the exercise by employers of their superior economic power, as imparted and structured through the law of property and contract, is not coercion. Rather, the analysis is restricted to direct state coercion, exercised through the criminal law, the police, and the injunction. This framework produces a partial view of the role of law and interferes with an analysis of the strategic choices made …

Lawyers And Family Life: New Directions For The 1990'S, Mary Jane Mossman

Articles & Book Chapters

No abstract provided.

Negotiable Instruments And Banking: Review Of Some Recent Canadian Case Law, Benjamin Geva

Articles & Book Chapters

This review presents a survey of some significant cases decided recently on a variety of topics in the area of negotiable instruments and banking. Although none of the reviewed cases may be truly earth-shattering, they all are important because they freshen, clarify or restate the law. Specific topics covered are the reach of provincial jurisdiction to bills of exchange and promissory notes, forgery and verification agreement, requisites for negotiability, the defence of non-delivery of a bill or note, priority instruments in the insolvency of a bank, holding in due course requirements, notice of dishonour rules, and preauthorized automated debit payments.