The United Nations Convention on Contracts for the International Sale of Goods (CISG) was concluded in 1980 and came into force in Canada in 1992, yet commentators continue to note the reluctance of Canadian parties to apply the Convention to their international sales contracts and the...

In this essay, we introduce the concept of Microjustice as an approach to tackle the problem of access to justice for those with limited resources. In addition to existing perspectives, we propose to analyze the justice sector as a 'market' with its corresponding chain of supply and a demand....

The adoption of a new Code of Civil Procedure in Quebec provides an opportune moment to consider the reasons for, and consequences of, a new direction in adjectival law. Moreover, it is an appropriate time to reflect on the influence of legal traditions on civil procedure, and the role played by...

This article investigates the access to justice concerns surrounding jurisdiction motions in Ontario, taking inspiration from a 2015 Ontario Superior Court decision that held that jurisdiction motions are ripe for abuse and impeding access to justice. In Part I, the author summarizes the...

On 13 March 2000, the statutory derivation action was introduced into Australia, effectively abolishing the rule in Foss v. Harbottle. This article examines in detail the derivative actions in the United States, Canada, New Zealand and Australia. The article also provides a discussion as to why...

The stakeholder vision has emerged as an influential stream in corporate governance. In the English-speaking world, Canada was the pioneer in introducing a regulatory stakeholder regime. This article examines the Canada Business Corporations Act (CBCA) for its concern for non-shareholder groups,...

The Canadian taxpayer's name for tax cases is styled in full upper case letters i.e. "JOHN DOE" (capitis diminutio maxima), as that identifies the individual representing an "officer" defined by Canada's Income Tax Act and Canada Pension Plan. Officers are artificial legal persons that...

This article examines the substance of the WTO panel decision for Canada-Wheat as it relates to trade friction in North American agricultural markets. I provide an overview of recent economic literature on state trading enterprises (STEs) and examine the WTO's approach to regulating the...

This paper focuses on the fundamental principles underlying effective enforcement by regulators. In particular, this paper analyzes the critical role of the criminal law and judges in effectively addressing capital markets misconduct. It also analyzes how securities regulators can best structure...

This article presents a modest, exploratory empirical study of Canada's general antiavoidance rule (GARR) in action. The study examines the entire body of GAAR cases decided by the Tax Court of Canada in the period 1997-2009, as well as certain personal and societal attributes of the judges who...