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An article from McGill Law Journal / Revue de droit de McGill, on Érudit.
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This article examines “undefined” terms (art. 1512 CCQ), an oft-neglected topic in contract law. By leveraging judicial precedent concerning its application, the article identifies conditions for its application and proposes a structured analysis to help courts fix an appropriate term. The proposed analysis will also help to distinguish undefined terms from uncertain terms (art. 1510 CCQ), in the hopes of helping put an end to uncertainties.
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No matter how one feels about supervisory and managerial. unionism, this level of organization must be pitted, as both concept and fact, against the larger context of law, sociology, economics, politics and business administration in a given society. This essay will develop no thesis, « pro » or « con ». It will lay emphasis on thelegal aspects, hoping for others to indicate, through careful research, the important differences (social, political, economic and administrative) existing between the European context (in which some form of supervisory and managerial unionism flourishes) and the North-American one (in which such unionism is practically non-existent).
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The Labor Code states that the word employee does not include « a person who, in the opinion of the investigation commissionner, is employed as manager, superintendant, foreman or representative of the employer in his relations with his employees ». To undertake the identification of employees affected by this definition, labor courts do not care much about job titles, but rather take a criterion as a basis : freedom of action in exercising management authority. Employees carrying on such a form of authority are called management members or line management.
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The thesis examines the nature and the relative gravity of the service offences contained in the Code of Service Discipline (CSD). The study reviews the classification of offences proposed by the several internal and external studies that have preceded the legislative reforms of the military justice system in 1997 and 1999. The author then proposes his own taxonomy of service offences.
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Although the judicial function is of the utmost importance for the society, there is much uncertainty in Canada about the rules governing judicial ethics. Contrary to the judges appointed by the government of Québec, the judges appointed by the federal governement are not bound by a code of judicial ethics. This situation raises the question of the sources of judicial ethics in Canada. The legal foundations of judicial ethics are to be found in the judicial oath taken by each person assuming judicial functions and in the intrinsic requirements of the judicial function.
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