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The critical evaluation of the High Court's decision in Crimmins v Stevedoring Industry Finance Committee in the conceptual context of the public/private law dichotomy is discussed. The public/private law dichotomy is a formalistic distinction which belies the fact that there are overlaps in public and private law and that all law is in fact guided by considerations of public policy.
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Newly and thoroughly revised, Halsbury's Conflict of Laws (2020 Reissue) analyzes and explains the broad range of conflict questions and rules impacting Canada's 14 jurisdictions. The realities of a global marketplace and shrinking political borders mean that the application and reach of law are seldom confined to a province, a country or even a continent. The field of conflict of laws, also known as private international law, concerns the mechanisms for addressing cross-jurisdictional legal conflicts in regard to three major areas: choice of law ; choice of jurisdiction ; recognition and enforcement of foreign judgments.
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Although it has long been acknowledged that heuristics influence judicial decision making, researchers have yet to explore how sentencing guidelines might interact with heuristics to shape sentencing decisions. This article contributes to addressing this gap in the literature in three ways: first, by considering how heuristics might help produce the phenomenon of sentence clustering, in which a significant proportion of sentences are concentrated around a small number of outcomes; second, by reflecting on the role of sentencing guidelines as a feature of the environment within which sentencing decisions are made; and third, by analysing the guidelines from Minnesota and from England and Wales, theorizing how their content might interact with heuristics to make clustering more or less likely. Ultimately, we argue that sentencing guidelines likely affect the role played by heuristics in shaping sentencing decisions and, consequently, that their design should be informed by research evidence from the decision sciences.
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This report provides a summary of key findings about the costs and harms of substance use in Canada from 2015 to 2017. Data include the costs of various substances such as alcohol, tobacco, opioids and cannabis. The data are also broken down into four categories: healthcare costs, lost productivity costs, criminal justice costs and other direct costs.
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This article will identify the inconsistency and confusion in mediation regarding the definition of mediation, the role of the mediator, and the difference between mediation confidentiality and privilege. Further, it will discuss the confusion and inconsistency in the protection of mediation communication, specifically regarding the definition of mediation communication, the time frame for protected communication, waiver of the protections and exceptions to protected mediation communication. It will provide a roadmap and fact pattern for determining whether mediation communications are protected and if so, the protection they are afforded. Lastly, it will offer recommendations so parties, professionals and the courts may better understand and reap the benefits of mediation.
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Arbitration, mediation/arbitration and arbitration/mediation allow parties to resolve their disputes usually more expeditiously, privately and with less cost than going to court. While confidentiality is seen as essential to the mediation process and often included in statutes, confidentiality seems less essential to a more adversarial process. Confidentiality provisions rest at the intersection between privacy and self-determination and the protection of vulnerable parties in family law disputes. This article explores the importance of confidentiality clauses in drafting arbitration and med/arb or arb/med agreements.
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