Lexis Nexis Supreme Court Law Review, 3rd Series, Volume 4
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Product description
This collection of papers explores private rights and the rule of law discussed at the Private Rights and the Rule of Law Symposium in Banff, Alberta in July 2023. The contributors to this volume presented diverse topics on the link between the rule of law and private rights in different subfields of private law. These contributions demonstrate the breadth of private law—and differing conceptions of the concept of the rule of law—by considering distinct private law fields from broad and narrow perspectives.
The first section of the volume takes a step back to consider how parties actually enforce private rights. The second section analyzes recent developments in tort law. The third set of articles concentrate on property rights, which are fundamental to private ordering according to law.
This volume aims to challenge the preconception that the rule of law is predominantly or merely a public law concept. At macro and micro levels, the principle undeniably permeates vast swaths of private law.
The collection is divided into four parts:
- Part I: Private Rights and Courts
- Part II: The Rule of Law and Torts
- Part III: The Rule of Law and Property Rights
- Part IV: The Limits of Private Law
Table of contents
The Rule of Law and Private Rights: A Preface – Gerard J. Kennedy, Malcolm Lavoie, K.C. & Kristopher E.G. Kinsinger
Private Liability for Public Officials – The Honourable Suzanne Coté
PART I: PRIVATE RIGHTS AND COURTS
Equal Justice Under Law: Civil Recourse Theory, Access to Justice, and the Rule of Law in Canada – Suzanne Chiodo
Arbitration, Courts, and The Rule of Law Post-Uber – Tamar Meschel
PART II: THE RULE OF LAW AND TORTS
Equality Under Ordinary Law – Samuel Beswick
The Nominalism of the New Nominate Torts – Kerry Sun & Stéphane Sérafin
PART III: THE RULE OF LAW AND PROPERTY RIGHTS
Property Rights, Takings, and the Rule of Law: Assessing Annapolis Group v. Halifax Regional Municipality – Malcolm Lavoie
Regulatory Takings & Restraints on Alienation: Two Sides of the Same Coin? – Moin A. Yahya
Aboriginal Title and Equity’s Darling – Amitpal C. Singh
Foundations of Spousal Support Within the Rule of Law – Allison Jandura
PART IV: THE LIMITS OF PRIVATE LAW
Justiciability, Religious Tenets, and Private Law Causes of Action: Towards a Predictable Framework – Gerard J. Kennedy & Kristopher E.G. Kinsinger
Table of Cases
Index
