356 research outputs found
The Canadian experience with class actions: access to justice or just a new moneymaking product line for lawyers?
No full textThe author looks at emergence of class actions in Canadian litigation and considers the extent to which they provide access to justice or are just another profitable product line for lawyers. A class action is one in which a representative plaintiff sues on behalf of a defined class of claimants whose claims raise a common issue of fact or law. Article by Professor Garry D. Watson QC (Professor of Law, Osgoode Hall Law School, Torono and IALS Inns of Court Fellow). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
The Canadian experience with class actions: access to justice or just a new moneymaking product line for lawyers?
No full textThe author looks at emergence of class actions in Canadian litigation and considers the extent to which they provide access to justice or are just another profitable product line for lawyers. A class action is one in which a representative plaintiff sues on behalf of a defined class of claimants whose claims raise a common issue of fact or law. Article by Professor Garry D. Watson QC (Professor of Law, Osgoode Hall Law School, Torono and IALS Inns of Court Fellow). Published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London
Crimson clover
No full textprepared by Dr. Don Ball (Extension Agronomist/Alumni Professor, Auburn University) and Dr. Garry Lacefield (Extension Agronomist/Professor, University of Kentucky).Title from PDF front panel (viewed on February 5, 2020).Covers OCLC #1139336431, OCLC #1139347191Includes bibliographical references.Mode of access: Internet from the Oregon Government Publications Collection.Text in English
The Civil Litigation Process: Cases and Materials, 7th Edition
No full textIn its 7th edition, The Civil Litigation Process remains Canada\u27s leading casebook on civil procedure. The new edition reflects recent developments in the law and embodies changes in the evolving approach to the teaching and learning of procedural law in Canadian classrooms. While the basic structure of the book has not changed, the authors have added a number of new topics and materials — including Indigenous dispute resolution, constitutional rights to legal services, expert witness, and national class actions — and have made adjustments to the focus and sequence of the topics of continuing interest.
The 7th edition is organized into 11 chapters, mindful of the need to keep it manageable and user-friendly within the time constraints of the standard Canadian law school semester. The authors have condensed each excerpt and each section of notes and questions. At the same time, Emond Montgomery will be launching a companion website to carry many of the materials that could not be included in the casebook, thus adding to its range of coverage and flexibility as well as ensuring its ongoing currency.
The Civil Litigation Process is truly national in scope, referring to cases and rules from all common-law provinces. It draws on the strong tradition of teachers and scholars of procedural law in Canada, with an author team of specialists from across the country: Janet Walker (general editor), Garry D. Watson (founding editor), Timothy Pinos (senior editor), Jane Bailey, Barbara Billingsley, Trevor C.W. Farrow, Colleen M. Hanycz, Erik S. Knutsen, Ronalda Murphy, Andrew Pirie, Sean Rehaag, and Lorne Sossin. Their collaborative efforts throughout the developmental process have resulted in a comprehensive, efficient and exceptionally teachable resource.https://digitalcommons.osgoode.yorku.ca/faculty_books/1082/thumbnail.jp
Putting clovers in grass pastures
No full textauthors: Dr. Garry Lacefield, Professor Emeritus, University of Kentucky, Dr. Don Ball, Professor Emeritus, Auburn University.Title from PDF front panel (viewed on February 5, 2020).This archived document is maintained by the State Library of Oregon as part of the Oregon Documents Depository Program. It is for informational purposes and may not be suitable for legal purposes.Includes bibliographical references.Mode of access: Internet from the Oregon Government Publications Collection.Text in English
Anchoring effects in the development of false childhood memories
No full textWhen people receive descriptions or doctored photos of events that never happened, they often come to remember those events. But if people receive both a description and a doctored photo, does the order in which they receive the information matter? We asked people to consider a description and a doctored photograph of a childhood hot air balloon ride, and we varied which medium they saw first. People who saw a description first reported more false images and memories than people who saw a photo first, a result that fits with an anchoring account of false childhood memories
Amendment of Proceedings After Limitation Periods
No full textIn light of the frequency with which the issue arises, this article discusses the viability of the rule against plaintiffs amending to change their causes of action following the expiration of the limitation period. To challenge the assumption that allowing such amendment always produces injustice for the defendant, the author reviews the preservation of the rule in Canadian courts. Attempting to justify the judicial reticence toward the rule and suggest a more adequate judicial response, he analyses the rule and its purpose. Finally, he proposes a model rule of practice to deal with the problem comprehensively
False claims about false memory research
No full textPezdek and Lam [Pezdek, K. & Lam, S. (2007). What research paradigms have cognitive psychologists used to study “False memory,” and what are the implications of these choices? Consciousness and Cognition] claim that the majority of research into false memories has been misguided. Specifically, they charge that false memory scientists have been (1) misusing the term “false memory,” (2) relying on the wrong methodologies to study false memories, and (3) misapplying false memory research to real world situations. We review each of these claims and highlight the problems with them. We conclude that several types of false memory research have advanced our knowledge of autobiographical and recovered memories, and that future research will continue to make significant contributions to how we understand memory and memory errors
Duplicative Litigation: Issue Estoppel, Abuse of Process and the Death of Mutuality
No full textThe traditional requirement of Anglo-Canadian law, that issue estoppel applies only as betwen those who were parties to both the earlier and subsequent litigation, is fast disappearing. However, the disappearance of this requirement of mutuality is presently confused by the courts\u27 invocation of the rubric of \u27abuse of process\u27, rather than a straight abandonment of the requirement of mutuality. This article describes the abandonment of mutuality in American law and the emergence of the doctrine of non-mutual issue estoppel, and critically examines the movements in Canadian and English law in the same direction. While advocating that Anglo-Canadian courts openly adopt non-mutual issue estoppel, the author puts forward a number of proposals designed to make the handling of duplicative litigation both fairer and more efficient
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