BibLaw

Journalist and confidential sources-public interest in disclosure vs public interest in confidentiality

12 min read

Journalism

Journalist and confidential sources-public interest in disclosure vs public interest in confidentiality

Whether a journalist can exempt from the obligation on the basis of a journalistic privilege rooted either in the Constitution or the Charter of Rights and Freedoms which guarantees freedom of expression, “including freedom of the press and other...

National Identity- Culture and Language

10 min read

Education

National Identity- Culture and Language

Purpose of the national constitution is to preserve culture and language, two core elements of the notion are of identity in said terms, then the well‑being of individuals and communities. We would also point out that, unlike some other...

Bail, conditions, breach, revocation, means rea and presumption

13 min read

CIVIL

Bail, conditions, breach, revocation, means rea and presumption

The general principles for setting bail, which restrain how bail conditions are set. As the default position is bail without conditions, the first issue is whether a need for any condition has been demonstrated. Restraint and the ladder principle...

Exercising hypothecary remedy and prescription

7 min read

CIVIL

Exercising hypothecary remedy and prescription

Hypothecary rights are therefore exercised “directly against the person who has the hypothecated property in his or her hands”. Usually, that person is the original debtor and grantor of the hypothec, who remains the owner of the hypothecated immovable.

Doctrine of unconscionability of arbitration clause

12 min read

ARBITRATION

Doctrine of unconscionability of arbitration clause

The unconscionability of the arbitration clause can be considered separately from that of the contract as a whole. Respect for arbitration is based on it being a cost-effective and efficient method of resolving disputes. When arbitration is realistically unattainable,...

Confidentiality of Cabinet deliberations

4 min read

General

Confidentiality of Cabinet deliberations

Public interest immunity requires a careful balancing between the competing public interests in confidentiality and disclosure. Since there will be a strong public interest in keeping a document concerning Cabinet deliberations confidential, it must be outweighed by a still...

Freedom of Expression vs Protection of reputation

4 min read

CIVIL

Freedom of Expression vs Protection of reputation

The goal of the defamation legislation is to ensure that freedom of expression on matters of public interest is liberated from an aspic of fear over the costs and uncertainty of defending against a lawsuit.

Retroactive Child Support

3 min read

Child Protection Laws

Retroactive Child Support

The purpose and promise of child support are to protect the financial entitlements due to children by their parents. The jurisprudence has not consistently fulfilled that promise when it comes to historical child support, which is the term used...

Parliamentary privilege

4 min read

Parliamentary Practice

Parliamentary privilege

The dividing line between privileged and non‑privileged activities of each House is not easy to define. Perhaps the nearest approach to a definition is that the areas in which the courts ought not to intervene extend beyond proceedings...

Breach of Contract, Restitution, and Corrective Justice

5 min read

CIVIL

Breach of Contract, Restitution, and Corrective Justice

The ordinary form of monetary relief for breach of contract is an award of damages, measured according to the position which the plaintiff would have occupied had the contract been performed. Correspondingly, the orthodox position maintained that disgorgement of...

United States Code

Journalist and confidential sources-public interest in disclosure vs public interest in confidentiality

National Identity- Culture and Language

Bail, conditions, breach, revocation, means rea and presumption

Exercising hypothecary remedy and prescription

Doctrine of unconscionability of arbitration clause

Confidentiality of Cabinet deliberations

Freedom of Expression vs Protection of reputation

Retroactive Child Support

Parliamentary privilege

Breach of Contract, Restitution, and Corrective Justice

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