bluuebunny/crossref_metadata_2025 huggingface dataset:
MED/ARB: Fraught with Danger or Ripe with Opportunity
Authors: Elliot David C.
Published: January 2019

Parties in dispute, or contemplating a dispute resolution process, want to settle their disputes amicably, but equally want the dispute resolved. Lawyers must assess what, at first sight, might seem poor choices for dispute resolution. This article examines an increasingly popular process
Alternative Dispute Resolution and Environmental Conflict: The Case for Law Reform
Authors: Swanson Elizabeth J.
Published: January 2019

The author examines the growing trend towards the use of alternative dispute resolution in environmental conflicts. She surveys the state of ADR-related legislation in Canada and makes a proposal for law reform in this field. Her first objective is to define commonly-used ADR terminology. She considers the question, "how does ADR fit into the law and environmental disputes?" The author then looks at the alternatives for ADR and environmental law reform. There are two conflicting sets of values here. The first is that institutionalization of ADR (through legislation) would provide a clear and concrete mechanism for enforcing agreements, and thereby level the playing field for all parties. The other viewpoint is that workable legislation may be impossible to draft and that the strength of ADR is its ad hoc nature. The author favours the "institutional," or legislative approach to ADR reform and development She then surveys existing legislation, which is of two types: "ADR-specific" and "ADR-inclusive." Following this critical review, the author makes specific recommendations for future ADR/environmental law reform initiatives.
Calgary and Everything after: A Postmodern Re-Vision of Lawyering
Authors: Hutchinson Allan C.
Published: January 2019

Hutchinson encourages a re-thinking of the ethics of lawyering. He explores the need to transform through legal theory what is done in legal practice and what is justified to be left undone. This exploration begins with a discussion of the traditional image of the ethical lawyer. He then exposes this image to a series of critiques and introduces alternate models of legal practice. A postmodern vision of lawyering is introduced which reframes and reworks these traditional ways of thinking. By the adoption of such a postmodern re- vision of lawyering, change in legal practice may come about through the legal profession, rather than in spite of it.
The Dead Parrot: Does Professional Self-Regulation Exhibit Vital Signs
Authors: Arthurs H. W.
Published: January 2019

Self-governance of the legal profession, and the promulgation and enforcement of a code of professional conduct are usually justified by arguments from principle, practicality and past practice. None of these can be sustained. However, if professional self-governance were replaced by governmental or judicial regulation, the operational norms of professional conduct
Structure of the Workplace Or, Should We Continue to Knock the Corners off the Square Pegs or Can We Change the Shape of the Holes
Authors: Baker Wendy G.
Published: January 2019

The author discusses the structure of the workplace in the legal profession from the perspective of a woman who has practiced law for fifteen years, who was on a recent task force reviewing gender equality in the legal profession and who is now a member of the Supreme Court of British Columbia. From this perspective, the author finds that workplace structures in the legal profession have changed very little in the past two decades. However, a number of factors are compelling the legal profession to rethink workplace structures: average incomes of lawyers have dropped in recent years as compared to other similarly educated Canadians; traditional areas of practice for lawyers are being encroached upon by other professionals and para-professionals; the oftentimes unpopular image of the profession amongst its clients and the general public; and the increasing presence of women in the profession and their male counterparts who also wish to break from traditional modes of practice. These factors are forcing members of the profession to begin to take advantage of the flexibility latent in the traditional legal work environment to alter the structure of the workplace. The author says these changes are necessary to better serve the needs of both lawyers and the democratic society it is their function to defend.
The Appropriateness of the Lawyer as Advocate in Contemporary Aboriginal Justice Initiatives
Authors: Chartrand Larry
Published: January 2019

This article discusses circle sentencing as a means of addressing the high proportion of aboriginal offenders in the prison system and allowing aboriginal communities greater participation in sentencing decisions. The difficulties of continuing the lawyer's role as advocate, a primary duty of lawyers in this process, is also explored.
Ultimately, it is the clients decision whether to allow community participation in sentencing. The article queries whether by allowing community involvement in decision-making, the lawyer is disregarding a commitment to act in the client's interests. For circle sentencing to be effective, not only must the lawyer relinquish the role of advocate, but equally importantly, the client must accept this non-adversarial role. Similarly, the function of the judge must change from passive neutrality to mediation. Until there is legislative reform, the extent to which aboriginal communities may be involved in the sentencing process rests within the judge's discretion.
Far-Cited
Authors: Cote J. E.
Published: January 2019

Far-Cited
Clones, Controversy, and Criminal Law: A Comment on the Proposal for Legislation Governing Assisted Human Reproduction
Authors: Caulfield Timothy
Published: January 2019

In the past few years there has been a tremendous amount of regulatory conflict and social controversy in the area of reproductive genetics. The Canadian government has recently released a proposal for legislating in this complex arena. Although the proposed Bill contains many positive elements, it is argued that the use of the criminal law as a regulatory mechanism is neither warranted nor appropriate. The author suggests a more flexible and responsive system of moratoriums and licences that would enable review and adjustment to the realities of emerging reproductive technologies is a better approach.
Exporting Trust: Does E-Commerce Need a Canadian Privacy Seal of Approval
Authors: MacDonnell John
Published: January 2019

It has been suggested that Canada should develop a consumer protection seal, or trustmark, for placement on web sites as an assurance that privacy is not at risk in the on-line environment. This article explores whether a Canadian trustmark would be redundant in light of the Personal Information Protection and Electronic Documents Act.

Consumers are sceptical about surrendering personal information online when it can so easily be collected, used, and disclosed for purposes beyond their control. Data protection laws have been around since the early 1970s, but the Internet's mass acceptance has added new urgency to their development and spread.

The author contrasts the protection offered by the Act with the policies of three high-profile trustmark programs to better understand where the legislative and self-regulatory approaches merge and diverge. He makes a proposal for a Canadian trustmark that uses the federal law as a starting point, but, at the same time, embraces more consumer-oriented and Internet-aware policies. Bringing this program to the international stage would be apriority because there is little point in restricting such an effort to one country.
The Legal Geography of Expansion: Continental Space, Public Spheres, and Federalism in Australia and Canada
Authors: Stack Robert
Published: January 2019

This article is a comparative, historical overview of Canadian and Australian federalism. The author seeks to answer three questions: Why did the founders of each country choose a federal system? What sort of federation did they want? What sort of federation did the countries have after judicial review?

The first part of the article argues that the rise of federalism was related to nineteenth-century trends such as industrialization and the increasing importance of continental as opposed to the coastal territories. The nation-builders required, the author asserts, a constitutional apparatus that could reconcile economic and nationalist motives for expansion with sentiments of historic colonial attachment and local autonomy. A federal division of sovereignty was therefore attractive.

The second part of the article examines what the framers specifically wanted from their federations and suggests reasons why these expectations were partially satisfied and partially disappointed According to the author, the division of legal space permitted national expansion while maintaining regional autonomy. However, federalism offered protection and autonomy not just to levels of government, but to the "private" and "public" spheres of federal society. These spheres were dynamic rather than stable.

Finally, in the third section on judicial review, the author argues that centralization in both countries was linked to the "expansion of public space " and the rise of interventionist economics and policies. In Canada, however, constitutional protection for the "private " civil law tradition of Lower Canada limited both centralization and federal intervention in the economy.
In Search of the Qualitative Clear Majority: Democratic Experimentalism and the Quebec Secession Reference
Authors: Ford Cristie L.
Published: January 2019

This article attempts to marry direct democratic deliberation with the enforcement of important constitutional norms in the context of a real-life policy question.

The question is the secession of Quebec. The author argues that a referendum is neither the most legitimate nor the most effective way to address the issue. The debate over Quebec's future needs to be reoriented by reference to the broad normative framework set out by the Supreme Court of Canada in the Secession Reference, combined with a renewed democratic process. The author introduces an innovative non-Canadian constitutional model called "democratic experimentalism," which seeks to ensure legitimacy, participation, and accountability within heterogeneous, complex democratic systems as a fresh perspective on Canada's troubled federalism debate.

The author concludes that democratic experimentalism is compatible with Canada's constitutional values and traditions, and with the standard of the "clear qualitative majority" vote set down by the Supreme Court of Canada. Equally, the Secession Reference approach contains within it an important new understanding of how pluralist democracies globally should approach fundamental constitutional questions.
Sections 3 and 9 of the Income Tax Act: The Source of Income Concept and the Reasonable Expectation of Profit Rule
Authors: Harnish Kerry
Published: January 2019

This article explores the development of several concepts important to the interpretation and application of income tax law in Canada. Specifically, the author traces the evolution of the source of income concept from its conception in the early income tax statutes to its modern usage. The author goes on to describe how this concept underlies the application of ss. 3 and 9 of the present Income Tax Act, and the "reasonable expectation of profit" rule.
Civil Procedure and Practice: Recent Developments
Authors: Poelman Glen H. , Bodnar Eugene J.
Published: January 2019

This article provides a comprehensive and detailed review of recent changes to civil procedure and practice, and particularly how these changes are affecting the way in which civil litigation is conducted. The authors' commentary is focused on the practice and procedure of civil litigation within the province of Alberta as well as emerging trends. With the rapid rate of change to the rules respecting civil actions that has been experienced in the recent past, and with prospective changes in the immediate future, the authors have amalgamated both into their summary.

The article looks at how recent changes to the Alberta Rules of Court have been examined and given judicial treatment by the courts in Alberta. By means of a review of recent cases, a multitude of elements of the civil litigation process, including pleadings, interlocutory applications, evidence, costs, and the new summary trial rules, are examined in respect to these recent changes. Included is also a review of the proposed new rules relating to discovery of documents that are soon expected to be in force.
Trademark.com: Trademark Law in Cyberspace
Authors: Jones Lisa Katz
Published: January 2019

his article examines the current issues in trademark law surrounding internet domain names. The author introduces the topic with a detailed explanation of the use and purpose of domain names, the significance of the various levels in domain names and how domain names compare and contract mth IP addresses. Of significant difference is the use of words and names in domain names. Organizations often use recognizable and familiar names to improve the chance Internet users will access their websites. Trademark issues are sparked by the battle to obtain and/or retain these highly sought after domain names. The author discusses the areas of conflict when: I) a domain name is registered by an individual who has no connection with the mark, 2) two or more organizations have claims to the same domain name, 3) one domain name is confusingly similar to another, and 4) when second level domain names can be assigned to multiple first level domain names. Two essential legal issues are identified: whether domain names are protectable as trademarks and whether a domain name can violate a trademark. Courts have used the analogy of telephone mnemonics to help answer these issues in favour of recognizing mnemonics as a protectable trademark, although there is split authority on how much protection can be given to domain names that incorporate generic terms. Trends in litigation in the United States, Canada, and the United Kingdom are discussed. Despite the de facto judicial power given to NSIfor dispute resolution, the author identifies fundamental flaws of the NSI policy owing the current controversies over Internet domain names. The article concludes with a discussion of several major proposals to implement changes regarding domain names allocation.
Fiduciary Obligations and Exculpatory Clauses
Authors: Feasby Colin
Published: January 2019

This article considers the relationship between fiduciary and contract law; particular attention is paid to the question of whether exculpatory clauses can limit fiduciary obligations. The article begins with a critical review of recent Supreme Court of Canada cases dealing with fiduciary law in the commercial context and identifies a departure from the Court's earlier contract-dependent mode of analysis. The author then discusses the possibilities and limits of exculpatory clauses in restricting fiduciary obligations between contracting parties. Finally, the article focuses on the practical use of exculpatory clauses in limiting fiduciary liability in commercial joint ventures. Oil and gas Joint Operating Agreements serve as a model for this discussion.
The Death of the Irreparable Injury Rule in Canada
Authors: Crerar David A.
Published: January 2019

RJR-MacDonald establishes the current tripartite Canadian test for injunctions. The applicant must establish first, a serious question to be tried, second, that irreparable harm will result if the injunction is not granted, and third, that the balance of convenience favours an injunction. The author argues that the entrenchment in the test of irreparable harm, with its multiplicity of meanings, has caused confusion in the jurisprudence. The author starts by tracing the genealogy and substance of the doctrine of irreparable harm in the English case of American Cyanamid and the Canadian cases of Metropolitan Stores and RJR. The author argues that despite judicial protestations to the contrary, irreparable harm survives as a condition precedent which will sometime unfairly deny an injunction. The author explores alternative Canadian tests for injunctions, with an explicit or implicit two-stage process better promoting the overall balancing necessary for the injunctive enquiry. The author points to doctrinal confusion surrounding the tripartite test as evidenced by lower court decisions. The author cites the works of Denning, Fiss, Hammond and particularly Laycock in arguing that the current tripartite test, with its elevation of irreparable harm, imposes an artificial rigidity in judicial reasoning. The author further applies the thesis of Laycock, evoked in the title of this article, to suggest that Canadian judges, like their American counterparts, do not usually employ the phrase irreparable harm in its traditional sense of inadequacy of damages. The article concludes by endorsing the two-stage balancing approach as a more coherent and flexible test, forwarding the ends of equity while avoiding the multifaceted confusion of irreparable harm.
The Alberta Municipality: The New Person on the Block
Authors: Manderscheid Don J.
Published: January 2019

This article discusses the impact of Alberta's Municipal Government Act (1994) on municipalities. Specifically, the article describes how the Act grants municipalities natural person powers, whereas the previous Municipal Government Act defined all municipal powers within the enabling legislation. The article further discusses how natural person powers will affect a municipality's business Junction and some problems municipalities may face in light of judicial interpretation of these powers.
Liberalism and the Living-Tree: Women, Equality, and the Charter
Authors: Clark Lorenne M. G.
Published: January 2019

The author discusses how Lockean philosophy pro- "minimalist" version of liberalism, as opposed a "maximalist" concept of the liberal state which finds support in Mill's philosophy. In the former, it is argued, there is no adequate basis to allow for the promotion of sexual equality, given that the theory is grounded in ' 'negative' 'freedoms which would allow substantive dis- among individuals in the state, and would frown upon state interference in prohibiting such activities. In the latter, however, it is argued that there is a stronger basis for the state to prohibit discriminatory activities among individuals. It is argued that, since Canada was founded on the basis of the latter position, the Charter of Rights could operate to positively promote equality among individuals, despite the fact that it is a adopted by, and within the context of, a "liberal" state. On this basis, it is argued that Charter is premature, since the Charter and liberalism could both reasonably allow for the promotion of sexual equality by the state.
Judicial Nullification of Statutes under the Charter of Rights and Freedoms, 1982-1988
Authors: Morton F. L. , Solomon G. , McNish I. , Poulton D. W.
Published: January 2019

This study assesses the effect of the Charter of Rights on legislative policy-making. Unlike earlier studies limited to the Charter decisions of the Supreme Court of Canada, this study identifies and analyzes all reported federal and provincial Court of appeal decisions from 1982 through 1988 in which a statute was declared invalid, in whole or in part. The authors discuss which Charter rights result in the most ' 'nullifications "of statutes, and judicial activism under the Charter, using a statistical analysis to support their assertions. The study also finds that the Charter has had a greater substantive effect on provincial jurisdiction, than on federal creating a tension between provincial rights and minority rights which can be moderated or exacerbated by different modes of judicial interpretation.
Positive Covenants Running with Land: A Castaway on Ocean Island
Authors: Ziff Bruce
Published: January 2019

This article looks at the law relating to positive covenants in light of recent case law which rejects the prospect of positive covenants running with land. The author looks at the policy behind the respective positions in an attempt to reconcile the competing cases.
The Floating Charge in Canada
Authors: Wood Roderick J.
Published: January 2019

This article examines the evolution of the floating charge in England and Canada, and predicts its demise as a conceptually discrete security device upon the enactment of personal property security legislation in the provinces. However, the author contends that a study of the floating charge can aid our understanding of the economic and historical processes that shaped the judicial attitude towards the security idea and explains how this will be of continuing relevance following the implementation of a personal property security regime in Alberta.
The Emergence of Unjust Enrichment as a Cause of Action and the Remedy of Constructive Trust
Authors: Litman M. M.
Published: January 2019

The author discusses the emergence of unjust enrichment as a cause of action in Canada today. He offers a substantive analysis of the action from both doctrinal and policy viewpoints, both in the commercial and cohabitational contexts. The remedy of constructive trust is examined in a similar manner.
The Alternate Dispute Resolution Movement: Wave of the Future of Flash in the Pan
Authors: Sacks Howard R.
Published: January 2019

The author discusses the Alternate Dispute Resolution movement and the alternate methods it advocates.
Improvements by Tenants: - Who is Lienable
Authors: Mirth E.
Published: January 2019

The author discusses recent developments in the area of mechanics' liens as a result of a trilogy of Supreme Court of Canada decisions. These decisions increase the potential for landlords to be subject to mechanics' liens in respect of improvements undertaken by tenants.
Some Recent Developments in the Law of Limitation of Actions, Concurrent Liability and Pure Economic Loss
Authors: Schlosser W. S.
Published: January 2019

Two recent decisions the Supreme Court of Canada have affirmed three important principles:
1. The running of a limitation period may be postponed until the injury is discoverable by reasonable diligence;
2. Solicitors (at least) may be concurrently liable in contract and tort, and;
3. Damage for pure economic loss is recoverable for negligent acts.
While the Supreme Court of Canada has made the law's future path clear, much remains for discussion and definition. In the short term, the practical matter of applying these decisions and predicting their effects shows there is much uncertainty yet to be resolved.
An Analysis of Section 15 of the Charter after the First Two Years or How Section 15 Has Survived the Terrible Twos
Authors: Wakeling T. W. , Chipeur G. D.
Published: January 2019

The authors review the interpretation of s. 15 to date and discuss alternate analytical methods, favouring one. They consider a number of potential problem areas for the courts under s. 15.
Freedom of Association in Canada
Authors: Ewing K. D.
Published: January 2019

The author examines extensively, the case of Lavigne v. Ontario Public Service Employees' Union which deals with the power of a trade union to support without restriction, political and ideological causes unrelated to collective bargaining. Involved in this analysis is a discussion of the Charter right under s. 2, freedom of association, and whether or not this right would also include the freedom not to associate. The author then looks at the potential political implications of the Lavigne decision.
Fraudulent Concealment and the Duty to Disclose Medical Mistakes
Authors: Robertson Gerald
Published: January 2019

The author examines recent case-law which suggests that, when a mistake is made in the course of medical treatment, the physician is under a legal duty to inform the patient of this. The significance of this development is discussed with particular reference to limitation periods in medical negligence cases.
Levels of Review in American Equal Protection and under the Charter
Authors: Ross June
Published: January 2019

The author examines American law dealing with equal protection analysis and the possible application of such guidelines to s. 15 of the Charter. The concept and function of levels of review in the United States are discussed. The author concludes that levels of review have performed important definitional, flexibility and predictability functions in American jurisprudence and that such functions may also be performed in our Charter analysis if the American experience and theory is applied.
Some Miscellaneous Aspects of Section 15 of the Canadian Charter of Rights and Freedoms
Authors: Gall Gerald L.
Published: January 2019

Professor Gall reviews various unrelated aspects of s. 15 of the Charter. Included in the article are discussions of s. 15 and its relation to other Charter sections (ss. 27 & 28), the possibility of re-arguing pre-1985 Charter cases in the context of s. 15, and the effect of s. 15 on other parts of the Constitution and non-constitutional instruments. The author notes that s. 15 has as its basis the concept of "rule of law".
Scope of Fraudulent Conveyances and Fraudulent Preferences Legislation in Alberta
Authors: Howcroft Nigel J.
Published: January 2019

The specific legislation in Alberta dealing with fraudulent preferences and conveyances is discussed. The Fraudulent Preferences Act, the Bankruptcy Act, the Statute of Elizabeth and the Criminal Code all contain relevant provisions. The author examines the operation and scope of this legislation and draws conclusions as to how a solicitor may advise a client regarding the legality of a proposed transfer of assets.
Environmental Impact Assessment in Canada: The Slave River Project
Authors: Elder P. S.
Published: January 2019

In a previous article' the author discussed the concept of environmental impact assessment (ElA) and its general application in Alberta. Ambiguities in the legislative mandates of the Alberta Department of the Environment and the Energy Resources Conservation Board (ERCB) were exposed and doubt was expressed whether there was included in those mandates the consideration of, inter alia, social impacts.
The intention in this article is to look at Alberta's and Canada's ElA processes in the context of the proposed Slave River project, which will require not only interdepartmental but interjurisdictional coordination. Following a description of the proposed project, the applicable Alberta legislation will be described. Federal environmental assessment and project approval processes will be described and doubt will be expressed that the Environmental Assessment Review Process as practiced enjoys full legal authority. Following all this, recommendations will be derived from both parts of this study.
Juvenile Court in Retrospect: Seven Decades of History in Alberta (1913-1984)
Authors: Bowker Marjorie Montgomery
Published: January 2019

This article commemorates the seventy-year history of Juvenile Courts in Alberta and traces the origins of juvenile courts both in general and specifically in Alberta. Bowker considers the effect of enlightened legislation, specialized court systems, and correction and rehabilitation services, all of which are crucial to the success of the system. The movement for reform and its culmination in the Young Offenders Act are examined.
Statute Law and the Owl of Minerva: The Bills of Exchange Act, 1882
Authors: McGinnis Janice Dickin
Published: January 2019

This article examines the legal and economic history of the Bills of Exchange Act, 1882. The author describes the types of transactions giving rise to the concept of the bill of exchange, reviews the statute's codification of the common law, and addresses the question of reform in the modern commercial setting.
The Abortion Issue: An Overview
Authors: Long Linda
Published: January 2019

The author surveys the abortion laws, illustrating the difficulties that societies of the Western World have had in dealing with the issue. There is a special emphasis on Canada's laws and Dr. Morgentaler's recent cases.
Limitations in the Power of an Alberta Corporation to Provide Guarantees and Other Financial Assistance: Section 42 of the (Alberta) Business Corporations Act
Authors: Karvellas John D. , Daniel Gary J.
Published: January 2019

There appears to be a number of difficulties with s. 42 of the Alberta Business Corporations Act, which is similar to s. 42 of The Canadian Business Corporations Act. The authors highlight these difficulties and recommend a solution, which includes repealing s. 42.
Indian Reserves on the Prairies
Authors: Bartlett Richard H.
Published: January 2019

Indian reserves comprise the only land left to the Indians of the Prairie Provinces. This paper endeavors to examine and explain the rights of ownership and administration held by the Indians and Governments in such lands. It endeavors to determine what the treaties between the Indians and the Crown promised and to what extent they have been fulfilled. Rights with respect to minerals and timber are examined in the course of the study.
Pricing Alberta's Gas - Cooperative Federalism and the Resource Amendment
Authors: Moull William D.
Published: January 2019

After discussing the “resource amendment” to the constitution (92A) and reviewing the statutory framework in the energy sector, the author goes on to look at the constitutional implications of the dual Federal-Alberta pricing structure, which involves a considerable overlap of jurisdiction.
Third Party Child-Centered Disputes: Parental Rights v. Best Interest of the Child
Authors: Schlosser M. Joyce
Published: January 2019

The author opens by defining and discussing the two competing approaches to third party child-centred disputes. She then goes on to place the discussion in context by examining the relevant British and Canadian case law and reviewing the pertinent legislation. She concludes by offering criticism and recommendations for reform.
The Liability of Professional Team Sports Physicians
Authors: Balbi Lonny
Published: January 2019

Sports medicine is emerging as a new specialized field of medicine. The author discusses the liability of doctors working for professional sports teams and the problems of using a standard of care similar to that used in other medical negligence suits. Other possible standards of care are outlined and analyzed.
Unincorporated Non-Profit Associations in Contract: A Need for Reform
Authors: Lirette Victor
Published: January 2019

The law relating to unincorporated non-profit associations has not developed with any consistency. This has resulted in a morass of legal theory which desperately fails to satisfy the need for clarity in this area. The author discusses the prevailing theories relating to the legal status of unincorporated non-profit associations. He concludes by recommending statutory intervention as the means of reform that will best alleviate the present inconsistencies in the law.
Agreements for Sale to Corporations - The Remedy of Extra-Judicial Determination: Update 1983
Authors: Price Francis C. R.
Published: January 2019

The decision in City of Edmonton v. A. & M. Developments Ltd. has provided the spring board to a number of actions by vendors seeking judicial confirmation of their exercise of a power of extra-judicial determination. The Alberta decisions since then have consistently confirmed the availability of such a remedy. However, as the cases come before the Courts, a number of problems have arisen, not all of which have been resolved in a consistent manner. In recent cases a number of preliminary problems or objections have been raised that the Courts must deal with before coming to the question of determination. In this article, the author reviews some of those problems and the developments made by the Courts in this area since 1981.
The Control Test of Investor Laibility in Limited Partnerships
Authors: Flannigan Robert D.
Published: January 2019

Limited liability for investors is a major attraction of the limited partnership. The retention of this limited liability depends on the extent of the rights and powers exercised by the limited partners. Limited liability is lost if the limited partners exercise control over the enterprise in which they have invested. Unfortunately, the determination of what activities amount to "control" has proved to be a very difficult matter. Guidelines have not been established and much uncertainty exists.
Interpreting the Canadian Charter of Rights and Freedoms: Applying International and European Jurisprudence on the Law and Practice of Fundamental Rights
Authors: Mendes Errol P.
Published: January 2019

Since the arrival of the Canadian Charter of Rights and Freedoms, there has been much discussion of applying the United States' experience with its Bill of Rights to the inter pretation of the Canadian Charter. It is the author's thesis, however, that Canadians ought to study the European and United Nations jurisprudence in the area of human rights documents as these documents more closely resemble the Canadian Charter than does the American Bill of Rights. Some illustrative fundamental rights cases from the United Nations and Europe are discussed. Further, the appendices include the full texts of the International Covenant on Civil and Political Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Canadian Charter of Rights and Freedoms for comparative purposes.
Structured Settlements
Authors: Foster Nina L.
Published: January 2019

The author explores the growth and development of the structured settlement in Canada as a means of assessing damages for injuries and fatalities. The procedure for entering into and implementing a structured settlement is presented with illustrative examples. The author analyzes both the advantages, such as savings in taxes and in surance, and the disadvantages of a structured settlement in arguing that it represents a valuable alternative among compensation techniques.
A Question of Seduction: The Case of MacMillan v. Brownlee
Authors: Thorner Thomas , Reddekopp G. N.
Published: January 2019

In a detailed account of the action for seduction involving a former premier of Alberta and his stenographer, the authors review the decisions of the courts from trial level to Privy Council The common law and the effect of statute are discussed in an explanation and analysis of the law of seduction. By reviewing newspaper accounts of public reac tion to the lawsuit, the authors are able to provide both an interesting perspective on Alberta's social history and also a glimpse at an important yet often neglected legal issue: the public's perception of the administration of justice.
Matrimonial Finance Consequent on Divorce: The English Structure
Authors: Jackson Joseph
Published: January 2019

The Matrimonial Proceedings and Property Act 1970 (U.K.) made considerable changes to the English law of matrimonial finance. Joseph Jackson reviews the historical background and recent developments with respect to the Act and discusses the effect of this legislation on the courts 'determination of the financial consequences of divorce. The relevant case law is examined and comments of the English Law Commis sion are summarized.
Jurisdiction Clauses and the Canadian Conflict of Laws
Authors: Robertson Gerald B.
Published: January 2019

Jurisdiction clauses in contracts present significant problems to the parties to the con tract and to the courts which must interpret them. The author discusses the difficulties which arise when a contract attempts to oust the jurisdiction of the court and the ap proaches taken by the court to overcome or comply with jurisdiction clauses. Both English and Canadian cases are reviewed in a survey of the prima facie, forum conveniens and ousting of jurisdiction approaches.
The United Kingdom Parliament and the British North America Acts
Authors: Marshall Geoffrey
Published: January 2019

This is the text of a presentation to the Kershaw Committee in the United Kingdom in 1980, and deals with the existence of a convention in respect to amendment of the BUA. Act and with the options available to the United Kingdom Parliament in dealing with the Canadian Resolution.
Newfoundland Offshore Claims
Authors: Inions Noela J.
Published: January 2019

Both international law and constitutional law issues are involved in Newfoundland s claims to the natural resources lying off its coasts. Precedents from Canadian, British and Australian jurisprudence are examined to determine the likelihood of Newfoundland’s establishing sovereignty or historical jurisdiction over its offshore resources.
Agreements for Sale to Corporations - The Remedy of Extra-Judicial Determination
Authors: Price Francis C. R.
Published: January 2019

A corporation which purchases land by agreement for sale does not receive the same protection under The Judicature Act as is accorded an individual In particular, the ven dor can exercise all the rights conferred by the agreement itself, including determining the agreement, keeping the land and often the money already paid. The courts, however, closely monitor the vendor's pursuit of his contractual remedies, and the pro per steps must be followed to obtain the desired relief. In this article, the author draws together the law applicable to the prosecution of proceedings by the vendor for extrajudicial determination of an agreement for sale and also reviews some of the obstacles or defences that may be raised by the purchaser.
Manufacturer's Liability
Authors: Thompson A. R.
Published: January 2019

Professor Thompson discusses the need for viable classification system for manufacturer's liability to facilitate the lawyer's keeping abreast of modern developments in this area of the law. The subject is analyzed by examining the distance the final purchaser in the distributive chain is from the manufacturer; the problems the purchaser encounters in relation to the goods themselves, and certain collateral matters; what the purchaser desires as his remedy; and what remedy is actually available in either contract or tort; and the effect of exclusion clauses on the remedies available to the purchaser. The article examines the case authorities and Professor Thompson shows how contract and tort re quirements are merging into new field of manufacturer's liability. The article concludes that the consumer is in good position with regard to the doctrinal aspects of the law in this area, that lawyers and judges are playing dynamic role in modernizing the law through the cases, but that law reform is still necessary on the procedural and institutional side.
The Making of Statutory Instruments
Authors: Williams Jeremy S.
Published: January 2019

Professor Williams discusses Parliamentary procedure in the creation of subordinate legislation while also treating the substance of statutory instruments. Canadian procedure is compared with that of other Commonwealth countries. An evaluative review of the present system is put forth in light of the recent Report of the Special Committee on Statutory Instruments. Consideration of the changes and reforms sug gested, by the Special Committee is accompanied by an analysis of the issues and choices involved in any reform that may be undertaken. This article presents comprehensive statement by theoretical examination of contemplated reform in this area of the law.
The Alberta Rules of Court - 1969
Authors: Laycraft Q.C. J. H. , Stevenson W. A.
Published: January 2019

On January 1, 1969 a new set of Rules of Court came into effect in Alberta. These new rules made considerable changes in many aspects of practice. In this article, prepared from material presented at a seminar on The Rules of Court held by The Committee on Continuing Legal Education at Edmonton and Calgary, January 28 and 30, 1969, the authors discuss the more significant changes.
Performance of Metabolic Parameters in Formation of Sleep Disorders in Menopausal Women
Authors: Semenova N. V. , Madaeva I. M. , Mikhalevich I. M. , Kolesnikova L. I.
Published: January 2019

Background. It is known that menopausal women suffer from sleep disorders. As additional diagnostic methods, it is possible to use the equations of linear classification functions.

Aim: to determine the most informative parameters among the lipid profile, the “lipid peroxidation – antioxidant protection” system parameters and the melatonin secretion chronobiological rhythms in menopausal women with sleep disorders.

Materials and methods. 56 perimenopausal women and 70 postmenopausal ones in accordance with the inclusion criteria participated in this study. Diagnoses of insomnia and obstructive sleep apnea syndrome were made according to the results of specialized somnological questionnaires and polysomnographic monitoring. Spectrophotometric methods for studying of lipid metabolism and the “lipid peroxidation – antioxidant protection” system parameters, an enzyme immunoassay method for determining melatonin were also used. A multidimensional discriminant analysis to reveal the most informative parameters among the parameters studied was used.

Results. The most informative indicators of the metabolic system for sleep disorders in perimenopausal women with insomnia are melatonin 06.00–07.00 h, melatonin 18.00–19.00 h, melatonin 23.00–00.00 h, ketodienes and conjugated trienes, oxidized glutathione; with insomnia and OSAS – melatonin 06.00–07.00 h, melatonin 12.00–13.00 h, melatonin 23.00–00.00 h, substrates with conjugated double bonds, total cholesterol; in postmenopausal women with insomnia – diene conjugates, α-tocopherol, total antioxidant capacity, active products of thiobarbituric acid, reduced glutathione; with insomnia and OSAS – total antioxidant capacity, α-tocopherol, substrates with conjugated double bonds.

Conclusions. The results obtained indicate a great strain in the antioxidant protection system in menopausal women with sleep disorders in response to changes in free radical homeostasis.
Our First experience of Using Biodegradable Implants in Latarjet – Bristow Surgical Procedure at Chronic Posttraumatic Anterior Shoulder Insta
Authors: Monastyrev V. A. , Puseva M. E. , Ponomarenko N. S.
Published: January 2019

Background. Multi-layer spiral computed tomography shows that the main cause of shoulder instability is glenoid cavity bone defect. The aim of our research was to assess the effectiveness and safety of biodegradable implants in the treatment of patients with chronic posttraumatic anterior shoulder instability under conditions of bone defect of glenoid cavity margin by the restoration of anatomic shape and structure of scapula articular surface.

Materials and methods. We performed a pilot study based on the results of surgical treatment of 7 patients using 4.5 mm biodegradable compressing screws. In preoperative period, all patients had standard two-dimensional X-rays and MSCT with 3D-reconstruction. In postoperative period, all patients had check-up X-ray right after the surgery and MRI in 3 months after the surgery.

Results. The results of the treatment were assessed by common clinical criteria, functional criteria, X-ray evidence and intraand postoperative complications. We registered strong functioning of an arm and an increase in the range of motions. Data from Rowe/Zarins and DASH questionnaires showed that the patients totally recovered. X-ray evidence showed consolidation of non-free autograft to the zone of scapula bone defect without osteolysis or widening of a drilled hole. We did not observe either a failure of union, or any formation of false joint, or any screw fractures in bone tissue. Beyond that, we did not observe any complication in postoperative period and early postoperative complications in particular.

Conclusion. Pilot study with use of modern biodegradable implants in osteoplastic stabilization of shoulder joint at recurring instability showed their effectiveness and safety in patients of young and active working age. However, considering small number of patients in pilot study we cannot extrapolate our results to all similar and analogue cases of using biodegradable implants. In this regard, it is necessary to perform major multicenter clinical randomized study for further long-term observation and detection of possible unwanted side effects.
Analysis and Strategies for Securing Sanitary and Epidemiological Welfare of the Population of Siberia
Authors: Savchenkov M. F. , Efimova N. V.
Published: January 2019

Priorities and directions of development of the Russian economy are connected with the eastern territories. The purpose of the study is to the identify key problems and substantiate indicators of the hygienic and epidemiological welfare of the population of Siberia. Two blocks of characteristics (“public health” and “environment”) are considered in dynamics for 5 years in the context of the subjects of the Siberian Federal District. Four groups of territories differed in terms of the incidence rate and the average life expectancy (ALE) using cluster analysis. It is shown that ALE depends on economic indicators. The incidence is associated with the amount of gross pollutant emissions in the atmospheric air (r = 0.83–0.96; p < 0.001). The assessment of the influence of the habitat on the health of the population at the level of the macroregion allowed to substantiate the hierarchy of the most significant factors. More than 98 % of the environmentally related component of morbidity is associated with the amount of gross emissions of harmful substances in the air (the contribution was 69 %), the provision of the population with doctors (12.6 %) and inpatient beds (6.7 %), the gross regional product (6.5 %), clean water consumption (3 %) and average per capita income (0.8 %). In conclusion, for the successful implementation of preventive strategies, an important stage is the development of a set of solutions for the effective use of resources available in the region (financial, personnel, medical, rehabilitation).
Comparative Analysis of NS5 Protein for Tick Borne Encephalitis Virus Strains in three Virus Subtypes
Authors: Potapova U. V. , Feranchuk S. I. , Belikov S. I. , Leonova G. N.
Published: January 2019

Non-structural protein 5 (NS5) of tick-borne encephalitis virus is an enzyme which is responsible for a copying of viral RNA, and it has a strong structural similarity to RNA polymerases of another RNA virus families. The strains of the virus are separated into three subtypes, which differ by specific mutations in virus proteins, including NS5 protein. The methods of structural bioinformatics allow to construct a model of NS5 protein for several strains of the virus.

The paper presents the comparative analysis of sequences and structures of NS5 protein, for three subtypes of the tick-borne encephalitis virus. The segments of protein were identified where the highest difference between subtypes and within subtypes is observed. These segments, where most of the mutations are accumulated, are located in methyltransferase domain, in the inter-domain interface, and in the three subdomains of polymerase domain. The association between the locations of mutations in NS5 protein and the flexibility of a protein backbone was observed using normal mode analysis. Namely, the most important mutations are located in the parts of protein where the amplitude of synchronous oscillations estimated using normal mode analysis is the highest: in the second zinc binding pocket within polymerase domain, in the N-terminal extension within inter-domain interface, and around an active site of methyltransferase domain.
Resenha: Derechos humanos, democracia y desarrollo
Authors: Nicolau Paola Cristina
Published: January 2019

Resenha: Derechos humanos, democracia y desarrollo
Resenha: Metamorfoses do Espaço Habitado: fundamentos teóricos e metodológicos da geografia
Authors: Luiz Luana Fernanda
Published: January 2019

Resenha: Metamorfoses do Espaço Habitado: fundamentos teóricos e metodológicos da geografia