The law of equity includes equitable doctrines and maxims that allow a court to grant equitable relief where there is no relief at common law.Canadian law is mainly comprised of statutes (legislation enacted by Parliament and the provincial legislatures) and common law (the body of law developed … [Read more...]
The Right to a Fair Bargain
Introduction In Canada, with the exception of the province of Quebec which operates under a civil law regime, the laws of the provinces and territories are derived from two sources: either some level of government by enactment, or by adoption through continuation of the old English law. The old … [Read more...]
Good Governance and Good Governors: A Model
Thousands of Albertans serve as governors of nonprofit organizations. About 19,000 nonprofit organizations provide a multitude of services throughout the province. Coming forward to serve as a director on a board of a nonprofit is a significant and challenging volunteer opportunity that can have a … [Read more...]
Values, Ethics, and Civil Society
Often, people perceive ethics to be one of two things: an incomprehensible component of philosophy inherited from the Greeks of antiquity OR a strict set of rules set out by one profession or another. I suggest that ethics is part of the collective “we” at a much deeper and more profound … [Read more...]
Dollars for Damages
Even though it happened ten years ago, the American case of a $3 million damage award for a coffee burn is still discussed today. From a Canadian perspective, the size of the award in Liebeck v. McDonald’s Restaurants was particularly puzzling because multi-million dollar damage awards for personal … [Read more...]
A Lease is a Contract
Most of us do not think of ourselves as negotiators and deal-makers. The reality is that in our everyday lives we are negotiating and making agreements all the time without really thinking about it. Some of the agreements are purely personal matters without any legal implications. Other agreements … [Read more...]
The Essentials of an Employment Contract
Every employment relationship is governed by an employment contract. Many employees believe that because a written employment contract was never signed, no employment contract exists. On the contrary, employment contracts can take the form of a verbal understanding or a lengthy written document … [Read more...]
Signing Your Life Away… The impact of a waiver on your ability to sue
Whether at work or play, waivers have become an ordinary part of life. At the ski hill, the fair, or a hockey game, Canadians must sign waivers before participating in a wide variety of activities and events. We sign waivers everyday for ourselves and for our children. A waiver can significantly … [Read more...]
Volunteering for Trouble
You have volunteered to give something back to your community. You have been appointed to the board of your favourite charity and you feel rightly proud that you are making a contribution of your time and support to a worthy organization. You attend your first board meeting but to your surprise, the … [Read more...]
Civil Liability in Sports
The very nature of sport entices participants with the lure of competition, physical and mental challenge, and the pursuit of excellence, but success goes hand in hand with training and the potential for injury. While most injuries result from our own participation and the inherent risks of the … [Read more...]
