5,415 research outputs found
Bhasin v. Hrynew: A New Era For Good Faith in Canadian Employment Law, or Just Tinkering at the Margins?
Get PDFThis is a pre-edited version of an article that has been accepted for forthcoming publication in the International Journal of Comparative Labour and Industrial Relations in 2016In Commonwealth Bank Australia v Barker the High Court of Australia refused to impose an implied duty of mutual trust and confidence into the employment contract, reasoning that doing so would take the Court beyond its legitimate authority.[1] Issued a bare two months later, the Supreme Court of Canada went in a different direction. In Bhasin v. Hrynew, the Court acknowledged good faith as a central organizing principle of contract law, and announced a new duty of honest performance applicable to all contracts. A few months later the Court applied the new organizing principle of good faith to circumscribe the exercise of an employer’s discretion in Potter v. New Brunswick Legal Aid Services Commission.[2] This paper will assess the potential impact of Bhasin and Potter on the shape of Canadian employment law. In particular, it will reflect on whether these two cases open to the door to greater judicial oversight of the day-to-day interactions between employers and employees, an area as yet relatively unregulated by the Canadian common law. [1] Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) [Barker] [2] Bhasin v. Hrynew, 2014 SCC 71 [Bhasin]; Potter v. Legal Aid Services Commission, 2015 SCC 10 [Potter]
Chemotherapy-generated cell debris stimulates colon carcinoma tumor growth via osteopontin.
No full textColon cancer recurrence after therapy, such as 5-fluorouracil (5-FU), remains a challenge in the clinical setting. Chemotherapy reduces tumor burden by inducing cell death; however, the resulting dead tumor cells, or debris, may paradoxically stimulate angiogenesis, inflammation, and tumor growth. Here, we demonstrate that 5-FU-generated colon carcinoma debris stimulates the growth of a subthreshold inoculum of living tumor cells in subcutaneous and orthotopic models. Debris triggered the release of osteopontin (OPN) by tumor cells and host macrophages. Both coinjection of debris and systemic treatment with 5-FU increased plasma OPN levels in tumor-bearing mice. RNA expression levels of secreted phosphoprotein 1, the gene that encodes OPN, correlate with poor prognosis in patients with colorectal cancer and are elevated in chemotherapy-treated patients who experience tumor recurrence vs. no recurrence. Pharmacologic and genetic ablation of OPN inhibited debris-stimulated tumor growth. Systemic treatment with a combination of a neutralizing OPN antibody and 5-FU dramatically inhibited tumor growth. These results demonstrate a novel mechanism of tumor progression mediated by OPN released in response to chemotherapy-generated tumor cell debris. Neutralization of debris-stimulated OPN represents a potential therapeutic strategy to overcome the inherent limitation of cytotoxic therapies as a result of the generation of cell debris.-Chang, J., Bhasin, S. S., Bielenberg, D. R., Sukhatme, V. P., Bhasin, M., Huang, S., Kieran, M. W., Panigrahy, D. Chemotherapy-generated cell debris stimulates colon carcinoma tumor growth via osteopontin
Atypical childhood-onset neuroaxonal dystrophy in an Indian girl
No full textA 7-year-old girl presented with progressive walking difficulties, spasticity, and cognitive decline with onset at 3 years of age. No seizures, vision, or hearing impairment were reported. The magnetic resonance imaging of the brain revealed cerebellar atrophy and evidence of iron deposition in the globi pallidi and substantia nigra. The clinico-radiological profile was suggestive of atypical childhood-onset neuroaxonal dystrophy. The patient was found to have compound heterozygous mutations in the PLA2G6 gene confirming the diagnosis
Bhasin v Hrynew: Why a General Duty of Good Faith Would Be Out of Place in English Canadian Contract Law
Get PDFConsistently with the objective conception of contract prevailing at English law, English Canadian courts have traditionally resorted to estoppel (at Equity) and the implied terms doctrine (at Law) to resolve roughly the same array of cases as are typically resolved through a general doctrine of good faith at French-sourced civil law, which instead tends to conceptualize contracts subjectively. The author argues against a broad reading of Bhasin v. Hrynew [2014] SCC, which would be tantamount to importing the latter doctrine into English Canadian law, on the basis that such broad reading would be unnecessary, undesirable and legally less tenable than the alternative, narrow reading. A general doctrine of good faith is unnecessary because its domain of application is already satisfactorily covered by such pillar English doctrines as estoppel and implied terms. It is undesirable because it clashes with the internal, objective logic animating the English law of contracts. More technically, finally, a broad reading of Bhasin arguably is persuasive only (as obiter dictum rather than ratio decidendi) insofar as the Court’s conclusion arguably is better supported through implying, more narrowly, a plain contractual term of honest performance.This work received SSHRC research funding
STUDY OF FEMINIST DISCOURSES IN THE WRITINGS OF KAMLA BHASIN
No full textThis research aims to thoroughly explore the manifestation and evolution of feminism in the works of Kamla Bhasin, an esteemed Indian feminist activist and author. Bhasin's writings, rooted in the socio-cultural and political contexts of South Asia, provide a rich canvas for studying feminist perspectives and paradigms.We will delve into a comprehensive examination of Bhasin's major works, scrutinizing the intersectionality of gender, caste, and class that she brings to the forefront. This research intends to dissect Bhasin's feminist ideology, her profound commitment to women's rights, and her relentless critique of patriarchal structures. The proposed study also aims to analyze Bhasin's conceptualization and representation of women empowerment, along with her advocacies for gender equality. Furthermore, the research will investigate the influence of Bhasin's writings on the broader feminist movements in India and the larger South Asian region.The research will not only contribute to academic discourses about feminism in South Asia but will also help understand the enduring relevance of Bhasin's writings in the contemporary struggle for gender equalit
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Sumshot Khular Collection
No full textPhotograph of [buw kupmom] feeding Kamla Bhasin by Sumshot Khular during the month long program organized by SANGAT in Dhulikhel, Nepal. Kamla Bhasin is an Indian developmental feminist activist, poet, author, and social scientist
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