August 12, 2008

Defamation (1985)

The common law has long recognized that damage to a person’s reputation is as serious a matter as a physical injury or damage to property. Where the damage is caused by false or malicious utterances, the tort of defamation provides a remedy. This project examines the law in relation to Read more…

The Domicile of a Minor (1985)

This minor report addresses the issue of the domicile of a minor in the light of the proposed Charter of Rights Amendments Act, 1985. Domicile refers to a person’s fixed, permanent, and principal home for legal purposes. The Act is silent on this issue and clarification is required. Keywords: jurisdiction; Read more…

Performance Under Protest (1985)

Parties to a contract sometimes end up disputing the extent of the obligations to be performed under it. One solution is to perform the contract in accordance with the other party’s interpretation but to do so “under protest,” reserving a right to claim compensation. This project examines the much-criticized 1960 Read more…

A Short Form General Power of Attorney (1985)

A problem of immediate concern has been drawn to our attention respecting a widely used form of general power of attorney. The efficacy of the words used to create the power has been called into question. In the result, the status of all powers of attorney created in this form, Read more…

The Authority of a Guardian (1985)

Sadly, parents are sometime unable or unfit to care for a child and this will necessitate the appointment of a non-parental guardian to serve in their place. This project looks at the legislation in British Columbia, which defines the powers and duties of a guardian and makes recommendations for a Read more…