Your search
Results 1,827 resources
-
Disclaimer: This summary was generated by AI based on the content of the source document.
-
Even though s-s. 92(14) of the Constitution Act, 1867 grants to the provinces a wide jurisdiction over the administration of justice, which includes the constitution and organization of courts, the case law has used s. 96 to limit its scope. This has had the effect of giving constitutional status to the judicial system in existence at the time of Confederation. On the other hand, the Parliament of Canada does not appear to have been subjected to the same constraints, allowing it to confer broad powers to the courts established under its jurisdiction. The only restrictions that seem to have been applied are in the fields of criminal and constitutional law and provincial concerns. Thus, the federal Parliament would be empowered to withdraw from superior courts any other matter within its legislative competence, as long as the jurisdiction is transferred to a s. 101 tribunal. This suggests that s. 96 protects superior courts mostly against provincial measures.
-
The Court of Quebec today is an impressive institution in terms of the range and variety of its areas of responsibility in both civil and criminal matters, and also in administrative law and related matters. What is the true vocation of this Court ? Recently an Administrative and Appellate Division was created. The significance of appeals to the Court of Québec is a controversial topic, since it is not a superior court. There have been several decisive turning-points in the contemporary history of the Court. In 1965, the Supreme Court allowed a significant expansion of its civil jurisdiction to include, for example, administrative contracts and the civil liability of the Public Administration. On the other hand, in 1972 the Supreme Court deprived the Court of one of its traditional responsibilities in the field of municipal law, namely challenges to municipal by-laws on grounds of illegality. The specific role of the Court as the court of appeal for administrative law was studied in the Dussault Report in 1970, the White Paper of 1975, the Ouellette Report of 1987 and the Garant Report in 1994. During the 1970s, the Legislature continued to multiply rights of appeal to the Court, while setting up several key administrative appeal tribunals such as the Labour Court, the Transport Tribunal and the Professions Tribunal, to which it appointed judges of the Court. The Court has become the largest judicial institution in Quebec, with 270 regular judges and 33 justices of the peace. Since the 1960s, the Court has enjoyed the favour of the Quebec Legislature. However in 1996-97, the Court lost certain appeal responsibilities to the Administrative Tribunal of Québec, but remained an important appeal tribunal in a variety of fields, including expropriation, income tax, municipal taxation, electoral disputes, agricultural land protection, police ethics, housing, and access to information. The Court also hears appeals from several administrative tribunals. However, the key question here is to clarify the scope of the judicial review exercised by the Quebec Court as compared to that exercised by the Superior Court…
-
I am one of those who believe that the courts are not static institutions. On the contrary, they must adapt to the expectations of the system’s users. In an article published in 2000 in theCanadian Bar Review, Judge Gerald Seniuk and Professor Noel Lyon showed that the development of the Provincial Courts raises many problems, not the least of them being the tendency of the system to evolve in a way that no longer fits the constitutional framework.¹ In this context, and in light of concrete examples and the reflections of experts, we must be particularly attentive to this
-
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000.The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
-
This introduction to legal history contains chapters on law and custom in early Britain, jury and pleading, real property, criminal procedure and more.
-
This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the unwinding remedies (e.g., rescission), and the supervisory remedies (e.g., instruction, removal). One point of emphasis is the close relationship between fiduciary duties and fiduciary remedies. The chapter also distinguishes the remedies of fiduciary law from those of agency. In addition, the chapter considers three major unsettled questions. First, are the remedial aims of fiduciary law distinct from tort and contract? Second, how should judges and scholars think about fiduciary remedies in light of the distinction between law and equity? Third, is punishment of an erring fiduciary a legitimate aim for fiduciary remedies?
-
"New in this edition: Material on aboriginal settlement trusts, sham trusts, gratuitous transfer to trustee of pre-existing trust, resettlement of trust, administrative and cy-près schemes, public appeals (fundraising), rebutting presumptions in context of illegal purposes, personal liability of trustees, exculpatory clauses, and tracing into the payment of a debt. ... updated with new case and statute law, including references to the 2015 Trustees Act of New Brunswick that is based on the Uniform Trustee Act of 2012"--Publisher's website
Explore
Resource type
- Blog Post (6)
- Book (575)
- Book Section (187)
- Case (235)
- Conference Paper (3)
- Dictionary Entry (72)
- Document (2)
- Encyclopedia Article (2)
- Journal Article (726)
- Magazine Article (2)
- Newspaper Article (2)
- Preprint (2)
- Presentation (1)
- Report (10)
- Thesis (1)
- Web Page (1)
Topics
- Aboriginal law (4)
- Aboriginal peoples (2)
- Abuse of process (5)
- Access to information (1)
- Administrative law (11)
- Admissibility (1)
- Appeals (5)
- Arrest (2)
- Bankruptcy and insolvency (6)
- Banks (1)
- Canada (2)
- Charge to jury (2)
- Charter of Rights (31)
- Child and family services (1)
- Choice of forum (1)
- Civil liability (1)
- Civil procedure (3)
- Communications law (1)
- Constitutional law (50)
- Contracts (2)
- Copyright (8)
- Copyright Pentalogy (5)
- Costs (1)
- Court having jurisdiction (1)
- Courts (8)
- Criminal law (87)
- Crown law (1)
- Custody (4)
- Declaration of invalidity (1)
- Discoverability (1)
- Division of powers (4)
- Evidence (15)
- Expropriation (2)
- Extraterritoriality (1)
- Family law (7)
- Fiduciary duty (1)
- Financial institutions (1)
- Fitness to stand trial (1)
- Habeas corpus (1)
- Human rights (1)
- Immigration (3)
- Impaired driving (2)
- Income tax (4)
- Informer privilege (1)
- Infringement (2)
- Insurance (2)
- Intellectual property (8)
- Judicial review (5)
- Jurisdiction (5)
- Labour relations (1)
- Limitation of actions (1)
- Mediation (1)
- Negligence (1)
- Obligation of loyalty (1)
- Obstructing justice (1)
- Occupational health and safety (1)
- Open court principle (1)
- Patents (1)
- Prerogative writs (1)
- Prescription (1)
- Private international law (2)
- Property (1)
- Prosecutorial immunity (1)
- Provincial offences (1)
- Publication bans (1)
- Real property (1)
- Right to security of person (1)
- Sale of goods (1)
- Securities (2)
- Sentencing (9)
- Sex workers (1)
- Sexual assault (6)
- Status of persons (1)
- Statutes (1)
- Taxation (6)
- Telecommunications (1)
- Torts (1)
- Trafficking in persons (1)
- Transportation law (2)
- Treaty rights (1)
- Trial (5)
- Voyeurism (1)
- Young persons (2)
Publication year
-
Between 2000 and 2026
- Between 2000 and 2009 (428)
- Between 2010 and 2019 (705)
- Between 2020 and 2026 (694)