Sentences with phrase «common law provinces»

The full benefits of the improvements in the certainty of searching and filing under the new regime may not be realized pending the enactment by the other common law provinces of location of the debtor rules that parallel the new Ontario rules due to the conflict of laws rules in the various provincial personal property security acts.

The ruling is «another example of the tort of intrusion upon seclusion evolving in terms of being recognized in different common law provinces across the country,» says privacy lawyer Ted Charney.

The location of the debtor rules in the other common law provinces parallel the current Ontario rules.

In Ontario (and all of the other common law provinces except for Prince Edward Island which does not have class proceedings legislation), an action must be «certified» as a class action, a representative plaintiff must be appointed by the court, and common issues or questions of fact or law must be certified by a judge to be determined at trial before a case can proceed as a class action.

As a litigator, he argued cases in most common law provinces and before the Supreme Court of Canada as well as appearing before the International Court of Justice and various international tribunals.

As merits - based classes defined by injury are impermissible in common law provinces, waiver of tort is the glue to hold together a claim on behalf of all users of a product — without regard to whether it is defective or causes injury... [more]

Proclamation into force was delayed to permit other common law provinces to pass similar amendments.

In the common law provinces, every law school has a student clinic representing low income persons with the exception of the two New Brunswick schools.

This is different than in any of the common law provinces which would require the employer to pay out the common law «reasonable notice» or previously agreed upon contractual notice.

All the common law provinces, Yukon and Nunavut have enacted the Uniform Act, as shown here.

A couple of updates: In May 2011, the Northwest Territories adopted its Electronic Transactions Act SNWT 2011 c. 13, so all three territories have the Uniform Act, essentially, along with the common law provinces.

Is that kind of detail needed in the law of Ontario (or the other common law provinces) to support electronic real estate transactions?

BC has a modern statute of its own similar to the Uniform Act, and the other common law provinces have something based on the English Act of about 1890.

Judgments in areas of law under provincial jurisdiction might also be translated if they deal with principles similar to those applied in analogous areas of law in common law provinces, such as youth protection, labour law, or motions for leave to bring class actions.

For example, in nearly all common law provinces, workers» compensation cases are subject to a standard of proof that is modified by statute or regulation.

«Now, nearly 15 years later, the outlook is somewhat different,» writes Fairfax, «with, so far, only one example of an environmental class action decided on its merits in the common law provinces, and no successful environmental class actions (putting aside settlements) to speak of in common law Canada.»

However, the analysis in the common law jurisprudence is less clear, in part because civil procedure rules in the common law provinces treat exceptions based on irrecevabilité and subject matter jurisdiction similarly, or do not even distinguish them, while personal jurisdiction is addressed separately through the rules on service.

To summarize, there is no authoritative method of creating an electronic seal in the common law provinces; the federal statute is almost inactive; and Quebec's statute, if its sealing provisions are used, does not serve the same function as in the rest of the country.

As merits - based classes defined by injury are impermissible in common law provinces, waiver of tort is the glue to hold together a claim on behalf of all users of a product — without regard to whether it is defective or causes injury.

First of all, in Quebec (and, in most cases, the common law provinces), employees can not be dismissed without cause without some form of reasonable notice.

A paper I wrote for this year's National Family Law Program discussing how the legislation of the common law provinces address the legal issues involved in polyamorous relationships (British Columbia is the most accommodating, Alberta the least) is available upon request; please send me an email.

In 1919, the Canadian Bar Association formed a special committee to develop national standards for law schools in the common law provinces.

Consequently, in the absence of express judicial authority, until the location of the debtor rules are harmonized, it can be expected that the secured parties will adopt the counsel of caution and search and file in the location of the debtor as determined using both the new Ontario location of the debtor rules and the current location of the debtor rules of the other common law provinces.

The Supreme Court of Canada has recently confirmed the standard for authorizing a class action in Québec is lower than that in the common law provinces such as Ontario for certifying a class proceeding.

As with the common law provinces, the authorization stage is not an assessment of the merits of the proceeding.

In Ontario, and the rest of the common law provinces of Canada, law graduates are required to complete articles of clerkship for ten months (this varies by province).

A class action may be commenced in any common law province, and can be brought on behalf of class members in that province or across multiple regions in Canada.

national initiative to expand mobility rights to permit Canadian lawyers to transfer between Quebec and the common law provinces with ease regardless of whether they were trained in Canadian common law or civil law.

In the common law provinces, older reported cases are found in a handful of law report series that are now controlled by a single company.

To offer students holding a bachelor degree recognized by the Quebec Bar a training that gives them the opportunity to be admitted to the Bars of common law provinces or other common law jurisdictions

Slaw readers of a certain age will remember her meticulous work «Using a law library: a guide for students and lawyers in the common law provinces of Canada» which went through six editions between 1974 and 1994... [more]

All of the common law provinces (and I'm going to assume Quebec) have legislation / regulations governing civil litigation which permit judges to hold the the litigants» lawyers personally liable for litigation costs.

Over time, they came to be seen as the law report series for the criminal defence bar, with a focus of English language cases decided in the common law provinces of Canada.

Expanding the Duty of Care in Professional Negligence Cases: «The Effect of Finney v. Barreau du Quebec on Medical Regulatory Bodies in Common Law Provinces», LL.M., Dalhousie University, 2005