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Full-Text Articles in Law
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada, Dimitros Valkanas
Private Search And Seizure: The Constitutionality Of Anton Piller Orders In Canada, Dimitros Valkanas
Dalhousie Law Journal
This paper examines the constitutionality of the Anton Piller order in Canadian law. First, the paper examines whether Anton Piller orders overall are unconstitutional through three major avenues of attack: (i) Charter challenges; (ii) the ultra vires doctrine; and (iii) the principle of natural justice, audi alteram partem. Afterwards, in the event that no challenge against Anton Piller orders broadly would succeed, the paper examines whether their uniquely Canadian variant known as a “rolling” or “John (or Jane) Doe” Anton Piller orders could be challenged, looking at both Charter and non-Charter challenges. Finally, this paper proposes the imposition of additional …
Good Faith, Bad Faith And The Gulf Between: A Proposal For Consistent Terminology, Steve Coughlan
Good Faith, Bad Faith And The Gulf Between: A Proposal For Consistent Terminology, Steve Coughlan
Articles, Book Chapters, & Popular Press
Since the earliest days of section 24(2) jurisprudence, the phrase “good faith” has been used. For nearly as long, it has been used inconsistently. The same is true, to a lesser extent, of the phrase “bad faith.” This article traces the confusion which arises in understanding and in reasoning from the failure to restrict these phrases to single meanings. The article then proposes particular meanings for each, which would limit their applicability to extreme situations at either end of the spectrum. It is proposed that the term “good faith” should only be used in circumstances where it settles that the …