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Canadian law sometimes allows gain-based remedies for certain wrongful acts. There is a strong suggestion that gain-based remedies are available in the common law provinces for torts and perhaps breaches of contract, but the courts have been hesitant. Common law provinces have also been willing to award gain-based remedies for breaches of confidence, in the court’s discretion. In the context of infringements of intellectual property rights, which is federal law, the legislation makes clear that gain-based remedies are available, although again this is in the discretion of the court. In both common law and Quebec civil law, in situations where one person is managing the property or affairs of another in a fiduciary capacity, improper gains must be surrendered, although it is arguable that the law ascribes rights acquired by the manager to the principal as the correct legal implementation of the parties’ relationship, rather than as a remedy for wrongdoing.
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Child sexual abuse (CSA) often leads to negative outcomes for victims, frequently over the long term. From recent qualitative research and supportive work with survivors there is reason to believe that image and/or online elements to sexual abuse add complexity and challenge to their recovery. This chapter attempts to pull together a picture of the negative impact of online sexual abuse drawing on all of these sources of knowledge. This includes exploration of why online and/or image elements in sexual abuse may worsen or complicate impact; why some children may be more negatively affected than others; how impact may change over time; where critical points of vulnerability may lie; and how emotions, meanings and experiences around online sexual abuse may play into subsequent difficulties. The chapter concludes by drawing out implications for work with children and families and suggesting directions for further research.
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Ce volume de la Collection de droit explore les notions relatives aux contrats d'entreprise ou de service, au mandat, au droit des assurances, aux priorités et hypothèques, à la publicité des droits, ainsi qu'au droit international privé. -- Résumé de l'éditeur
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"Administrative Law in Context, 4th Edition continues this title's approach to administrative law in the important contexts that shape legal ideas and doctrines in this field. It examines key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada including an analysis of the recent Vavilov trilogy of cases from the Supreme Court of Canada and their significant affect on how judicial reviews of administrative decisions are now conducted in Canada. This detailed, collaborative analysis gives students a better sense of how administrative boards and tribunals work in practice and differentiates itself from Admin8 by using a contemporary experiential pedagogy that employs increased commentary and discussion."-- Provided by publisher.
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"Comparative Law in the Jurisprudence of the Supreme Court of Canada" published on 09 Sep 2019 by Brill | Nijhoff.
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