20092 research outputs found
Sort by
Cases and Materials on Contracts, 7th ed.
No full textCases and Materials on Contracts is a current and comprehensive collection of primary materials and commentaries covering all aspects of contract law in Canada. It examines key principles such as offer and acceptance, written versus oral contracts, what constitutes breach of a contract, the enforcement of contracts, and more. The seventh edition includes new and significant decisions carefully selected from the Supreme Court of Canada and other appellate courts to provide a thorough overview that is widely applicable. It also features new discussion on the doctrine of impossibility in the context of the impact of pandemics on contracts. This casebook equips readers with both the foundational knowledge and critical thinking skills they will need to effectively grasp and analyze relevant case law and legislation. This pragmatic approach encourages readers to engage in thoughtful study of this area of law.https://digitalcommons.osgoode.yorku.ca/faculty_books/1422/thumbnail.jp
Africa as a \u27Theatre\u27 of International Law and Development: Knowledge, Practice, and Resistance
No full textLaw schools disclose common concerns, diverse takes on regulating GenAI use by students, faculty
No full textMentioned/quoted: Trevor C.W. Farro
Ford\u27s Greenbelt flip-flop could spell legal trouble for taxpayers, lawyers say
No full textMentioned/quoted: Trevor C.W. Farro
Peace and Good Order: The Case for Indigenous Justice in Canada by Harold R. Johnson
Get PDFHarold Johnson was a Cree lawyer, trapper, author, and storyteller from the Montreal Lake Cree Nation. He practiced as a criminal defence lawyer and then as a Crown prosecutor in my hometown of La Ronge, Saskatchewan. Peace and Good Order: The Case for Indigenous Justice in Canada (“Peace and Good Order”) is Harold’s resignation letter to the legal profession, apology for his participation in Canada’s criminal law system, and argument for Indigenous jurisdiction. It is, in part, an autobiographical account of his relationship to Canadian law as a Nehiyaw man. And it comes at a time when more and more Indigenous students are turning to Canadian law as a means to help their communities
Tawdry or Honourable? Additional Payments to Representative Plaintiffs in Ontario and Beyond
Get PDFAdditional payments to representative plaintiffs upon the resolution of a class action are widespread in Ontario and elsewhere. However, this subject has received very little attention from appellate courts (at least in Canada), law reformers, and academics. Two conflicting judgments from the Ontario Superior Court have put a spotlight on this practice, however, and it will soon be receiving appellate treatment. The practice has also recently been subject to conflicting appellate decisions in the US. This brings to the fore crucial questions not only about the purpose of such payments, but also about the purposes of class actions in general.
This article begins with a brief overview of the subject of additional payments (usually called ‘honoraria’ in Canadian class actions), including the role of the representative plaintiff. Section II considers the threshold question of whether additional payments should be awarded at all, in light of their normative goals and the concerns reflected in the case law. Section III discusses the doctrinal and theoretical basis for additional payments, as well as questions of quantifying those payments and the source from which they should be taken. Section IV proposes a structure for the awarding of additional payments, which is based on the representative plaintiff’s time and expenses but also pursues a trauma-informed approach. Section V concludes.
This article brings conceptual clarity to an overlooked area of class actions and provides practical guidance to judges and lawyers. It therefore contributes to our knowledge about class actions and our principled pursuit of them. As two lawyers from an Ontario defence-side firm recently stated, “[e]fforts to identify a brighter line that representative plaintiffs must pass, on compelling evidence, before they are entitled to honoraria payments may be welcomed by many class actions judges.” This article identifies that bright line
Workers’ Boards: Sectoral Bargaining and Standard-Setting Mechanisms for the New Gilded Age
Get PDFThis article explores the potential of sectoral standard-setting models (often referred to as “wage boards” or “workers’ boards”) as a solution for contemporary workplace issues, which existing labor relations and minimum standards regulatory systems continue to struggle to address. This argument, the article examines three historical statutory systems of sector-based minimum workplace standard-setting established in the early 20th century as a response to unacceptable wages and working conditions: the British Wages Council system, the Canadian Industrial Standards Act, and the US Fair Labor Standards Act. The article applies the conceptions of fairness identified in Seth Harris\u27s study of the origins of the Fair Labor Standards Act to analyze the three systems and offers a three-step approach to constructing a sectoral workplace standard-setting mechanism. This paper contributes to the ongoing discourse on worker representation and workplace standards by offering a conceptual starting point for designing a sectoral workplace standard-setting mechanism. The article highlights key design decisions and alternatives and maps out essential interrelated considerations, providing valuable insights for policymakers and stakeholders seeking to improve worker representation and workplace standards