Common Law

In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. The defining characteristic of “common law” is that it arises as precedent. In cases where the parties disagree on what the law is, a common law court looks to past precedential decisions of relevant courts, and synthesizes the principles of those past cases as applicable to the current facts. If a similar dispute has been resolved in the past, the court is usually bound to …

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Publications

UCP: University of Calgary Press · 15 June 2024 English

Since the first edition of this popular text was published in 1984, the Charter of Rights and Freedoms has transformed the role of the courts in Canadian politics. Addressing current …

Precedents” 3.4 Paul Weiler, “Architect of the Common Law” 3.5 Donald L. Horowitz, “Fact Finding in Adjudication” combination of historically important statutes, the common law and numerous unwritten conventions and usages Interpretive Mandate: Enjoyed by all courts in common-law liberal democracies and spans the continuum traditional ju- dicial powers both to revise judge-made common law and to choose between plausibly available interpretations


CCLA: Canadian Civil Liberties Association · 16 May 2024 English

By way of the proceeding, the CCLA purports to challenge, indeed quash, the Minister's decision(s) to amend Policy 713 on several grounds including: being in breach of the duty of …

agreement, even where such disputes also give rise to common law or statutory claims 99. Both counsel for the


LCO: Law Commission of Ontario · 14 May 2024 English

Improving Consumer Protection in Ontario’s Digital Marketplace This is the Executive Summary to the Final Report of the Law Commission of Ontario’s (LCO) Consumer Protection in the Digital Marketplace project.1 …

can read and consent to contractual terms. The common law, CPA 2002, and CPA 2023 require adequate disclosure


LCO: Law Commission of Ontario · 14 May 2024 English

More specifically, the project considers how to update traditional consumer protections such as notice and disclosure requirements, deception and unconscionability rules, and consumer enforcement in light of the new, complex, …

consumer’s interests in the digital marketplace. The common law, CPA 2002, and CPA 2023 require adequate disclosure proportion to how much the offending party gained or a common law threshold for finding disgorgement profited from determined only “exceptional circumstances” under the common law threshold would prevail.318 Law Commission of


LCO: Law Commission of Ontario · 10 May 2024 English

More specifically, the project considers how to update traditional consumer protections such as notice and disclosure requirements, deception and unconscionability rules, and consumer enforcement in light of the new, complex, …

consumer’s interests in the digital marketplace. The common law, CPA 2002, and CPA 2023 require adequate disclosure proportion to how much the offending party gained or a common law threshold for finding disgorgement profited from determined only “exceptional circumstances” under the common law threshold would prevail.318 Law Commission of


CIGI: Centre for International Governance Innovation · 10 May 2024 English

the final stages of the Uruguay Round of the The explicit mention of article 10bis of the Paris World Trade Organization (WTO) negotiations. [...] The of action for the holders …

scrutiny of incorporates a series of related common law trade secrets, combined with a reluctance to impedes progress of confidential relationship, common law toward achieving transparency, accountability IP rights. is less firmly established in non-common- law countries. Its foundation rests on various A by focusing on the legal perspectives between common law and civil law aspects of trade secrets. It sets grasp the current landscape, it is crucial of common law trade secrets protection prevalent to understand


CCLA: Canadian Civil Liberties Association · 8 May 2024 English

The Application seeks an order in the nature of certiorari, quashing the changes to the self-identification provisions and remitting the matter to the Minister for redetermination, as well as declaratory …

accused to make full answer and defence" .9. 1 This common law right to full disclosurei s now guaranteed bys


ULCC: Uniform Law Conference of Canada · 2 May 2024 English

(2020) communautaires (2020) (1) (1) Uniform Charitable E E n/a Loi uniforme sur les Fundraising Act, 2005 2000 c. [...] 111 1432, 1435 à (7) 1438 CCQ Uniform Gratuitous n/a …

underlying civil law framework in Québec and the common law framework elsewhere. Title AB BC MB NB NL NS


ULCC: Uniform Law Conference of Canada · 2 May 2024 English

(2020) communautaires (2020) (1) (1) Uniform Charitable E E n/a Loi uniforme sur les Fundraising Act, 2005 2000 c. [...] 111 1432, 1435 à (7) 1438 CCQ Uniform Gratuitous n/a …

underlying civil law framework in Québec and the common law framework elsewhere. Title AB BC MB NB NL NS


CSLS: Centre for the Study of Living Standards · 29 April 2024 English

4 DECLINE AND FALL Trends in family formation and fertility in Canada since 2001 The nature and impact of broader social and cultural trends is hard to measure, but it …

and well-being than non-married people, even common-law couples. Children in two-parent families have by an increase in the proportion of adults in common-law relationships, which rose from 10.1 percent to couples – those who were either were married or common-law – fell, from 64.1 percent in 2001 to 60.8 percent 24.3 0% 2001 2006 2011 2016 2021 never married common law married divorced/separated widowed Sources: Statistics they were neither married nor living together as common-law partners – and had never been married (although


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