August 12, 2008

Compensation for Non-Pecuniary Loss (1984)

In 1978, in a series of cases, the Supreme Court of Canada redefined the principles to be applied when assessing compensation in personal injury actions for pain, suffering, and loss of amenities. This project examines the revised approach adopted by the courts in subsequent claims for non-pecuniary losses. Keywords: compensation; Read more…

Review of Civil Jury Awards (1984)

This project examines the role of the jury in civil trials, with particular reference to the circumstances when a trial judge or the Court of Appeal may intervene and review jury awards. The report makes a number of recommendations to modify the jurisdiction of a trial judge and the Court Read more…

Covenants in Restraint of Trade, Report on (1984)

A covenant in restraint of trade is, in broad terms, an agreement that eliminates competition or otherwise obstructs trade or commerce. This project examines the difficult questions posed by the common law rules governing covenants in restraint of trade and makes recommendations aimed at striking a fairer balance between the Read more…

The Jurisdiction of Local Judges: Stays of Execution and Instalment Orders (1984)

At the time of this project, County Court Judges had jurisdiction to perform the functions of a Justice of the Supreme Court. This minor report examines two areas where there are limitations on this jurisdiction: stays of execution and payment of a judgment by instalments. Keywords: jurisdiction; stay of execution; Read more…

Land (Wife Protection) Act (1984)

This minor report highlights a concern that the Land (Wife Protection) Act [now called the Land (Spouse Protection) Act] does not treat a husband and wife in an even-handed fashion and as a result, is at risk of falling foul of the Canadian Charter of Rights and Freedoms when it Read more…