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Full-Text Articles in Law
Damages For Mental Distress And Other Intangible Loss In A Commercial Context, Shannon O'Byrne
Damages For Mental Distress And Other Intangible Loss In A Commercial Context, Shannon O'Byrne
Dalhousie Law Journal
As a general rule, contracts law does not permit an award of general damages for mental distress or other intangible loss. There are several rationales for this, including: plaintiffs are to bear their disappointment or upset with mental fortitude; without the rule, courts would be awash in litigation since every breach of contract brings with it some degree of emotional distress; without the rule, plaintiffs may fabricate or exaggerate the degree of their upset; and the rule simply reflects the lack of foreseeability of such loss under Hadley v. Baxendale. Notwithstanding the general rule, courts have awarded mental distress in …
The Dartmouth Schools Question And The Supreme Court Of Nova Scotia, Robert Nicholas Bérard
The Dartmouth Schools Question And The Supreme Court Of Nova Scotia, Robert Nicholas Bérard
Dalhousie Law Journal
Scholars have often demonstrated that courts in Canada have long been responsive to the political, social, cultural and economic contexts in which they operate. An illustration of the ways in which the Supreme Court of Nova Scotia embodied this role can be found in the Court's handling of a dispute between the Town of Dartmouth and the Roman Catholic Episcopal Corporation of Halifax, often referred to as the "Dartmouth Schools Question" in 1939 and 1940 The case concerned the attempt of the Town of Dartmouth, alone among municipalities in Nova Scotia, to collect local taxes on property used for Catholic …
Tribunals Imitating Courts - Foolish Flattery Or Sound Policy?, David Mullan
Tribunals Imitating Courts - Foolish Flattery Or Sound Policy?, David Mullan
Dalhousie Law Journal
In his 2004 Horace E Read Memorial Lecture, David Mullan assesses the impact of the "due process explosion." To what extent has the evolution of Canadian law (both statutory and common) in the domain of procedural fairness been responsible for the phenomenon of excessive judicialization of the administrative process? Has the increase in the number of decision-makers subject to the obligation of procedural fairness and the growth in the parallels between tribunal and court processes affected adversely the interests of the administrative justice system and the public that it is meant to serve? The author suggests that there is a …
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Courts And Constitutional Usurpers Some Lessons From Fiji, Venkat Iyer
Dalhousie Law Journal
Much concern and disappointment has been expressed by jurists and human rights campaigners over the inaction ofnational judiciaries in reversing the effects of coups d'etat and other acts which result in the unconstitutional overthrow of democratically constituted governments Against this backdrop, the decisive steps taken b) the superior courts of Fiji to nullify the attempted destabilisation of that country's elected government in May 2000 was a trail-blazing development The author analyses the jurisprudence in this area and explains the implications of the Fijian judgments.
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Deciding In The Heat Of The Constitutional Moment Constitutional Meaning And Change In The Quebec Secession Reference, Jonathon W. Penney
Dalhousie Law Journal
The Quebec Secession Reference addressed divisive issues with far-reaching implications for the Canadian constitutional order. Recently, commentators have called for a less traditional and more systematic approach to understanding the decision, and its place in the broader scheme of Canadian constitutionalism. Accordingly, this paper challenges the predominant narrative concerning the Quebec Secession Reference, which is largely judge-centred and shows little regard for the important historical, political, and popular forces so crucial to understanding the decision. The challenge is mounted through the work of Yale constitutional scholar Bruce Ackerman and his theory of constitutional moments. This paper uses Ackerman's criteria of …