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REAL PROPERTY REPORTS Fifth Series/Cinqui`Eme S´Erie Recueil De Jurisprudence En Droit Immobilier VOLUME 52 (Cited 52 R.P.R
REAL PROPERTY REPORTS Fifth Series/Cinqui`eme s´erie Recueil de jurisprudence en droit immobilier VOLUME 52 (Cited 52 R.P.R. (5th)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF Jeffrey W. Lem, B.COMM., LL.B., LL.M. John Mascarin, M.A., LL.B. Director of Titles for the Province of Ontario Aird & Berlis LLP Toronto, Ontario Toronto, Ontario QUEBEC EDITOR/REDACTEUR´ POUR LE QUEBEC´ Fredric Carsley, B.A., B.C.L., LL.B. De Grandpr´e Chait LLP/s.e.n.c.r.l. Montr´eal, Qu´ebec ASSOCIATE EDITORS/REDACTEURS´ ADJOINTS Reuben M. Rosenblatt, Q.C., LSM Bruce Ziff, B.A., LL.B., M.LITT. Minden Gross LLP Faculty of Law, University of Alberta Toronto, Ontario Edmonton, Alberta Paul De Francesca, B.A.A., LL.B. Craig R. Carter, B.SC., LL.B., LL.M. De Francesca Law Office Fasken Martineau DuMoulin LLP Toronto, Ontario Toronto, Ontario CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Sarah Bourne, B.A., LL.B. Product Development Manager Julia Fischer, B.A.(HONS.), LL.B. Nicole Ross, B.A., LL.B. Supervisor, Legal Writing Supervisor, Legal Writing Andrea Andrulis, B.A., LL.B., LL.M. Eden Nameri, B.A., LL.B. Senior Legal Writer Senior Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., Jackie Bowman DEA (PARIS II) Senior Content Editor Bilingual Legal Writer REAL PROPERTY REPORTS, a national series of annotated topical law re- Recueil de jurisprudence en droit immobilier, une s´erie nationale de ports, is published 12 times per year. -
2009 FC 405 Vancouver, British Columbia, April 23, 2009 PRESENT
Date: 20090423 Docket: T-1228-08 Citation: 2009 FC 405 Vancouver, British Columbia, April 23, 2009 PRESENT: The Honourable Mr. Justice O'Reilly BETWEEN: OMAR AHMED KHADR Applicant and THE PRIME MINISTER OF CANADA, THE MINISTER OF FOREIGN AFFAIRS, THE DIRECTOR OF THE CANADIAN SECURITY INTELLIGENCE SERVICE, AND THE COMMISSIONER OF THE ROYAL CANADIAN MOUNTED POLICE Respondents REASONS FOR JUDGMENT AND JUDGMENT [1] Mr. Omar Khadr, a Canadian citizen, was arrested in Afghanistan in July 2002 when he was 15 years old. He is alleged to have thrown a grenade that caused the death of a U.S. soldier. He has been imprisoned at Guantánamo Bay since October 2002 awaiting trial on serious charges: murder, conspiracy and support of terrorism. Page: 2 [2] Mr. Khadr challenges the refusal of the Canadian Government to seek his repatriation to Canada. He claims that his rights under the Canadian Charter of Rights and Freedoms (sections 6, 7 and 12) have been infringed and seeks a remedy under s. 24(1) of the Charter. More particularly, Mr. Khadr asks me to quash the decision of the respondents not to seek his return to Canada and order the respondents to request the United States Government to repatriate him. Mr. Khadr also asks me to overturn the respondents’ decision on the grounds that it was unreasonable and taken in bad faith. Finally, Mr. Khadr seeks further disclosure of documents in the respondents’ possession. [3] I am satisfied, in the special circumstances of this case, that Mr. Khadr’s rights under s. 7 of the Charter have been infringed. -
2018-2019 President Jeffrey S. Leon, Lsm and His Wife
2018-2019 PRESIDENT JEFFREY S. LEON, LSM AND HIS WIFE, CAROL BEST, CALL TWO PLACES HOME – TORONTO, ONTARIO AND SCOTTSDALE, ARIZONA. ISSUE 88 | FALL | 2018 ISSUE 88 | FALL American College of Trial Lawyers JOURNAL CONTENTS Chancellor-Founder Hon. Emil Gumpert FEATURES (1895-1982) 23711 OFFICERS Letter from the Editor President’s Perspective Profile: 2018-2019 President Missouri Fellow Samuel H. Franklin President Jeffrey S. Leon, LSM Rights The Wrongs Jeffrey S. Leon, LSM President-Elect Douglas R. Young Treasurer Rodney Acker Secretary 15 17 21 27 Bartholomew J. Dalton Immediate Past President Book Review: A The Thalidomide Saga Justice Jackson & the Fellows Share War BOARD OF REGENTS “Practical Treatise” in Canada Nuremberg Trials Stories RODNEY ACKER THOMAS M. HAYES, III Dallas, Texas Monroe, Louisiana 29 45 RITCHIE E. BERGER PAUL J. HICKEY Fellows’ Other Lives Tribute to Past Burlington, Vermont Cheyenne, Wyoming President Jimmy Morris SUSAN S. BREWER JEFFREY S. LEON, LSM Morgantown, West Virginia Toronto, Ontario BARTHOLOMEW J. DALTON MARTIN F. MURPHY Wilmington, Delaware Boston, Massachusetts JOHN A. DAY WILLIAM J. MURPHY COLLEGE MEETINGS Brentwood, Tennessee Baltimore, Maryland RICHARD H. DEANE, JR. DANIEL E. REIDY 31 35 37 40 Atlanta, Georgia Chicago, Illinois Region 6 Meeting Region 13 Meeting Region 12 Meeting Texas Fellows MONA T. DUCKETT, Q.C. STEPHEN G. SCHWARZ Recap Recap Recap Annual Luncheon Edmonton, Alberta Rochester, New York KATHLEEN FLYNN PETERSON ROBERT K. WARFORD Minneapolis, Minnesota San Bernardino, California SAMUEL H. FRANKLIN ROBERT E. WELSH, JR. Birmingham, Alabama Philadelphia, Pennsylvania SUSAN J. HARRIMAN DOUGLAS R. YOUNG San Francisco, California San Francisco, California FELLOWS IN ACTION EDITORIAL BOARD Stephen M. -
CANADIAN CASES on the LAW of TORTS Third Series/Troisi`Eme S´Erie Recueil De Jurisprudence Canadienne En Responsabilit´E Civile VOLUME 94 (Cited 94 C.C.L.T
CANADIAN CASES ON THE LAW OF TORTS Third Series/Troisi`eme s´erie Recueil de jurisprudence canadienne en responsabilit´e civile VOLUME 94 (Cited 94 C.C.L.T. (3d)) EDITOR-IN-CHIEF/REDACTEUR´ EN CHEF John Irvine, M.A., B.C.L. FACULTY OF LAW, UNIVERSITY OF MANITOBA WINNIPEG, MANITOBA ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Robert P. Kouri, B.A., L.L.L., M.C.L., D.C.L. FACULTE´ DE DROIT, UNIVERSITEDE´ SHERBROOKE SHERBROOKE, QUEBEC´ CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Susan Goodman, B.A., LL.B. Product Development Manager Jennifer Weinberger, B.A.(HONS.), J.D. Sharon Yale, LL.B., M.A. Supervisor, Legal Writing Supervisor, Legal Writing Anne Simpson, B.A., M.L.S., LL.B. Jim Fitch, B.A., LL.B. Senior Legal Writer Senior Legal Writer Dionne Brown Chambers, B.A., LL.B. Peggy Gibbons, B.A.(HONS.), LL.B. Senior Legal Writer Senior Legal Writer Barbara Roberts, B.A.(HONS.), LL.B. Natasha Major, B.A., LL.L. Senior Legal Writer Senior Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., Eden Nameri, B.A., LL.B. DEA (PARIS II) Legal Writer Bilingual Legal Writer Annie Chan, B.A. Content Editor CANADIAN CASES ON THE LAW OF TORTS, a national series of anno- Recueil de jurisprudence canadienne en responsabilit´e civile, une s´erie tated topical law reports, is published 12 times per year. Subscription rate nationale de recueils de jurisprudence sp´ecialis´ee et annot´ee, est publi´e 12 $368.00 per bound volume including parts. -
Visual Advocacy in the Ascendant Osgoode Sets Its Sights on Areas Where the Fairness, Accessibility and Effectiveness of Justice Can Be Improved Through Visual Media
OSGOODE HALL LAW SCHOOL OF YORK UNIVERSITY | ALUMNI MAGAZINE WINTER 2016 Visual Advocacy in the Ascendant Osgoode sets its sights on areas where the fairness, accessibility and effectiveness of justice can be improved through visual media. 10 Visual Advocacy CONTINUUM in the Ascendant Osgoode Hall Law School Alumni Magazine Osgoode, with the generous assistance of Volume 40 Kathryn Podrebarac ’92, has established EDITOR the Fund for Innovation in Law and Media Anita Herrmann (FILM) to create and sustain experiential Director, Office of External education programs focused on the use of Relations & Communications visual advocacy. Initial projects include the 416-736-5364 [email protected] Gladue Video Project and the Justice Video CONTRIBUTING EDITOR Information Project. Virginia Corner Manager, Communications 14 Bridging Law WRITERS Suzanne Bowness and Community Meghan Carrington Osgoode Visiting Professor Jamil Jivani is Bev Cline Virginia Corner inspiring Osgoode students to put law into New Ways to Connect Anita Herrmann action through his Community Organizing Kaitlin Normandin and the Law course and initiatives such as Lorne Sossin mobilizing voter turnout in the Jane and Christine Ward Finch neighbourhood. PHOTOGRAPHY Ian Crysler New Paramount Studios Ltd. 16 Osgoode’s Helping Hand Sjoerd Witteveen Members of the Osgoode community go DESIGN AND PRODUCTION above and beyond to support Syria’s refugees SPARK | sparkbranding.ca at home and abroad. WINTER 2016 PRINTING RJM Print Group LINKEDIN FACEBOOK YOUTUBE TWITTER Continuum is published once a year by Osgoode 20 Celebrating our Illustrious Osgoode Hall facebook.com/ youtube.com/ @OsgoodeNews Hall Law School of York University for alumni and Law School osgoode OsgoodeHall friends. -
The Reality of Contract in English Law
Tulsa Law Review Volume 13 Issue 3 1978 The Reality of Contract in English Law Geoffrey Samuel Follow this and additional works at: https://digitalcommons.law.utulsa.edu/tlr Part of the Law Commons Recommended Citation Geoffrey Samuel, The Reality of Contract in English Law, 13 Tulsa L. J. 508 (2013). Available at: https://digitalcommons.law.utulsa.edu/tlr/vol13/iss3/3 This Article is brought to you for free and open access by TU Law Digital Commons. It has been accepted for inclusion in Tulsa Law Review by an authorized editor of TU Law Digital Commons. For more information, please contact [email protected]. Samuel: The Reality of Contract in English Law ESSAY THE REALITY OF CONTRACT IN ENGLISH LAW Geoffrey Samuel*t One of the great similarities between English and Roman law is said to lie in the fact that both systems concerned themselves with rem- edies rather than rights. In Roman law this emphasis is perhaps re- flected in the lack of concern for a general law of contract; for the common lawyer, the emphasis is reflected in the lack of a general the- ory of tort. This is not to say that each system did not develop any general principles: the Roman concept of bona fides' is perhaps one of the great legacies of their law of obligations, and Donoghue v. Stevenson2 undoubtedly represents a rallying point for the common law in respect of personal injuries.3 However, both systems being keen to develop their law through the decision or discussion of concrete factual situations, there is in both a concern with the nature of the plaintifi's claim, rather than-as with many modern civil law systems-a preoc- cupation with notions of fights and duties. -
Taming the Tort Monster: the American Civil Justice System As a Battleground of Social Theory Michael L
Brooklyn Law Review Volume 68 | Issue 1 Article 1 9-1-2002 Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory Michael L. Rustad Thomas H. Koenig Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Michael L. Rustad & Thomas H. Koenig, Taming the Tort Monster: The American Civil Justice System as a Battleground of Social Theory, 68 Brook. L. Rev. 1 (2002). Available at: https://brooklynworks.brooklaw.edu/blr/vol68/iss1/1 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Brooklyn Law Review Volume 68 2002 Number 1 ARTICLES TAMING THE TORT MONSTER: THE AMERICAN CIVIL JUSTICE SYSTEM AS A BATTLEGROUND OF SOCIAL THEORY' Michael L. Rustadt & Thomas H. Koenig* 02002 Michael L. Rustad & Thomas H. Koenig. All Rights Reserved. Michael L. Rustad is the Thomas F. Lambert Jr. Professor of Law and Director of the Intellectual Property Law Program at Suffolk University Law School School. B.A. 1971, University of North Dakota; M.A. 1973, University of Maryland; Ph.D. 1981, Boston College; J.D. 1984, Suffolk University Law School; LL.M. 1986, Harvard University Law School. Thomas Koenig is Professor, Department of Sociology and Law, Policy and Society Doctoral Program, Northeastern University. A.B. 1971, University of California, Santa Cruz; M.A. 1973, University of California Santa Barbara; Ph.D. 1979, University of California, Santa Barbara. This article is dedicated to the memory of Thomas F. -
For a Bramwell Revival
University of Chicago Law School Chicago Unbound Journal Articles Faculty Scholarship 1994 For a Bramwell Revival Richard A. Epstein Follow this and additional works at: https://chicagounbound.uchicago.edu/journal_articles Part of the Law Commons Recommended Citation Richard A. Epstein, "For a Bramwell Revival," 38 American Journal of Legal History 246 (1994). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. For A Bramwell Revival by RICHARDA. EPSTEIN* I. One of a Great Breed All too often the nineteenthcentury is a victim of oversimplification if not mischaracterizationat the hands of its twentieth century critics. Startingwith the realist movement, there has been a pervasive belief that prior to our own times judges were naive about their social roles and about the necessity of appealing to broad first principles to decide con- crete cases, whether they wished to or not. Instead, these judges were either transfixedby some naive Blackstonianbelief that law was "found" but not "made"or relied on some "mechanical"rule to decide cases that cried out for some more rigorousdefense as a matterof policy.' In my view, this caricatureof the nineteenth century rings false to anyone who has spent time reading the original opinions of the greatjus- tices, both English and American, who graced the common law. While it is certainly open to the modem critics of nineteenth century to disagree with the results reached by earlierjudges, and the reasons that they gave for them, it is, I think, a serious misreadingof history to assume that these judges were unable to formulate the substantive grounds for their deci- sions in clear and powerful language. -
Date: 20071113 Docket: T-2016-01 Citation: 2007 FC 1165 Ottawa
Date: 20071113 Docket: T-2016-01 Citation: 2007 FC 1165 Ottawa, Ontario, November 13th, 2007 PRESENT: The Honourable Mr. Justice O'Reilly BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Plaintiff and MICHAEL SEIFERT Defendant FINDINGS OF FACT I. Overview [1] The Minister of Citizenship and Immigration informed Mr. Michael Seifert in 2001 that the Minister intended to take steps to revoke his Canadian citizenship. Mr. Seifert responded by asking that this Court determine the facts. Page: 2 [2] The Minister alleges that Mr. Seifert entered Canada in 1951 and later obtained Canadian citizenship by false representation, fraud, or by knowingly concealing material circumstances. In particular, the Minister alleges that Mr. Seifert failed to disclose his correct place of birth and misrepresented his activities during World War II when he applied for a Canadian visa in Hannover, Germany during the summer of 1951. Contrary to what he told Canadian officials at the time, Mr. Seifert admits that he was born in Ukraine and served as a guard in the German forces in Ukraine and, later, at a police transit camp in Bolzano, Italy in 1944-45. The Minister also accuses Mr. Seifert of killing prisoners and committing various acts of cruelty in the camp. Mr. Seifert adamantly denies these accusations. [3] I am satisfied, based on all of the evidence I have heard, including expert testimony on Canadian immigration policy during the post-war years, the German police and security apparatus during the war, the practices and procedures followed by Canadian officials in European consular offices and the extensive documentary record in all of these areas, that Mr. -
Federal Court of Canada
The submission for a salary differential is submitted to the Judicial Compensation and Benefits Commission by the following judges of Courts of Appeal in Canada listed in alphabetical order: NAME COURT OF APPEAL 1. The Hon. Mr. Justice Jean-Louis Baudouin Québec 2. The Hon. Chief Justice Edward D. Bayda Saskatchewan 3. The Hon. Mr. Justice Marc Beauregard Québec 4. The Hon. Mr. Justice Stephen Borins Ontario 5. The Hon. Mr. Justice André Brossard Québec 6. The Hon. Mr. Justice S. Cameron Saskatchewan 7. The Hon. Mr. Justice J.J. Carthy Ontario 8. The Hon. Mr. Justice Jacques Chamberland Québec 9. The Hon. Madam Justice Louise V. Charron Ontario 10. The Hon. Madam Justice Carole Conrad Alberta 11. The Hon. Mr. Justice Peter T. Costigan Alberta 12. The Hon. Mr. Justice Jean Edouard Côté Alberta 13. The Hon. Mr. Justice Joseph Z. Daigle New Brunswick 14. The Hon. Mr. Justice Pierre J. Dalphond Québec 15. The Hon. Mr. Justice Jacques Delisle Québec 16. The Hon. Mr. Justice Alexandre Deschênes New Brunswick 17. The Hon. Chief Justice Ernest Drapeau New Brunswick 18. The Hon. Mr. Justice René Dussault Québec 19. The Hon. Mr. Justice André Forget Québec 20. The Hon. Chief Justice Catherine Fraser Alberta 21. The Hon. Mr. Justice Martin Freedman Manitoba 22. The Hon. Madam Justice Adelle Fruman Alberta 23. The Hon. Mr. Justice Paul-Arthur Gendreau Québec 24. The Hon. Mr. Justice M. Gerwing Saskatchewan 25. The Hon. Madam Justice Barbara Hamilton Manitoba 26. The Hon. Mr. Justice Allan R. Hilton Québec 27. The Hon. Mr. Justice Charles Huband Manitoba 28. -
Oxford Law News
Oxford Law News University of Oxford Issue 10, Winter 2005 In this issue... Message from the chair of the board elcome to this year’s issue of The Bodleian Oxford Law News. The following Law Library Wpages will hopefully give you a 40 years on taste of the many exciting events and developments that have taken place in Page 2 the life of the Faculty during the course of the 2004/5 academic year. While the newspapers seem to make much of the pressures (financial and otherwise) to which Universities are subject today (and these pressures are real), they appear Richard Youard to have rather less to say about the Lectures remarkable range of work that continues to be done within the Universities and Page 4 the achievements of members of the Faculty and our students. This issue will hopefully go some way towards rectifying that balance. The work of Faculty members has been recognised in prizes and awards; a number of successful conferences have been held; we have been fortunate to be able to make a Oxford vs Sydney number of excellent appointments and students have continued to represent Page 7 the Faculty successfully in mooting competitions. Photo Barry Roberts but at the same time we are an It is hard to believe that a year has gone by international law school and our research since our last issue. Last year Dr Michael and our teaching cannot be seen solely Spence announced that I would be acting in national terms. Our students are, as Chair of the Law Board while he was increasingly, drawn from all corners of the on sabbatical leave. -
Ruminations on the Role of Fault in the History of the Common Law of Torts Wex S
Louisiana Law Review Volume 31 | Number 1 December 1970 Ruminations on the Role of Fault in the History of the Common Law of Torts Wex S. Malone Repository Citation Wex S. Malone, Ruminations on the Role of Fault in the History of the Common Law of Torts, 31 La. L. Rev. (1970) Available at: https://digitalcommons.law.lsu.edu/lalrev/vol31/iss1/4 This Article is brought to you for free and open access by the Law Reviews and Journals at LSU Law Digital Commons. It has been accepted for inclusion in Louisiana Law Review by an authorized editor of LSU Law Digital Commons. For more information, please contact [email protected]. RUMINATIONS ON THE ROLE OF FAULT IN THE HISTORY OF THE COMMON LAW OF TORTS* Wex S. Malone** Any attempt to assign negligence its proper role in the his- tory of tort law must be deferred until a determination of the role that fault in any of its varieties played in early law. Even this deferment does not lead us back far enough, for we must also ask whether we can isolate a distinct role for tort law itself in the dawn of the history of the common law. The answer here must be clearly, No, if by "torts" we mean some sort of organized scheme for determining when and under what conditions the monetary costs of a harm suffered by one person should be shifted to the shoulders of another by means of some authori- tative order. The very prospect of a civil suit for damages pre- supposes a sophistication that simply did not exist in the earliest half-organized legal societies.