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Full bibliography 1,114 resources
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This paper considers the recent Ontario Court of Appeal decision in Jones v Tsige. In this unprecedented case, a bank customer was allowed to sue a bank employee personally for the tort of invasion of privacy after the employee surreptitiously accessed her bank account. The case is significant due to its introduction, for the first time, of an American cause of action under the tort of invasion of privacy. In order to fashion the plaintiff with the personal remedy, however, the Court has failed to consider the application of the Tournier doctrine that has established that banks owe a duty of secrecy to their customers. In so doing, it is argued that the Court has undermined an established tradition of law that provides for a better approach in analyzing the issue from a banking perspective than that used by the Court.
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This article sketches the “law of wheelmen” as it developed in the late 19th century and suggests that, with the renaissance of cycling in North America, it is time to renew focus on the legal issues of cyclists. A comprehensive analysis of cycling’s legal needs across a range of issues – from legislation to enforcement and infrastructure – is in order and this article suggests an agenda for undertaking this analysis. For health, environmental and cultural issues, cycling is growing and the law and legal actors need to grapple with this means of active transit in a way that has not been done since before the automobile era.
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In his thoughtful paper on the relative advantages and deficiencies of private and public enforcement mechanisms for improving consumer protection, Craig Jones forces us to ask a fundamental question about our choice of legal tools: under what circumstances, if ever, should reliance be placed on public regulatory bodies, and when should the protection of the public be left to private litigation, principally through class actions?
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It has often been asserted that, upon proof of patent validity, copyright ownership or trademark infringement, a permanent injunction will be granted as a matter of course. The decision of the U.S. Supreme Court in eBay v. Merc-Exchange, concerning the activities of a patent troll, has put into question the correctness of that assertion. The U.S. Supreme Court has restored the discretionary nature of the inquiry to grant a permanent injunction in intellectual property disputes, and requires the plaintiff to demonstrate that monetary remedies are inadequate. While there is no similar and definitive statement from Canadian courts, I argue that Canadian law largely mirrors the approach now adopted in the U.S. This approach is to be preferred as the best way to match appropriate remedy to the complex policy choices engaged in regulating intellectual property. It is also an approach to remedies endorsed in other areas of law by the Supreme Court of Canada.
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The Idea of the book is to discuss the evolution of civil procedure in different societies, not only in the well-known civil or common law systems, but also in different countries of Eurasia, Asia, etc. Civil procedure in Europe and North America is a subject of enormous scientific and practical importance. We know a lot about these systems. But we do not know enough about civil procedure in the rest of the world. How does it work and what are the main principles? Culture is one of the main factors that makes civil procedure of these countries different. Therefore it is necessary to discuss the main links between different systems of civil procedure. The discussion was held on the basis of National reports from 24 countries.
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Immigrants face significant challenges that impair their ability to access resources that can develop their entrepreneurial potential. Using an action research and case-based approach, we highlight the challenges experienced by immigrant entrepreneurs and in turn discuss practical measures to resolve these challenges through mentoring programmes for nascent entrepreneurs. We profile a unique multi-disciplinary programme involving both business and law students who coordinate and deliver workshops for course credit. Established entrepreneurs and professionals also volunteer their time as mentors. We develop a balanced scorecard to assess and improve the programme. Study results provide a model to enable universities and others to reach out to nascent immigrant entrepreneurs.
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