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Volume 46 Number 3

9 articles in this issue 

Arlene J. Kwasniak

This article examines the role of conservation easements in Canada and their utility in protecting the natural values of land by way of restricted development. The author begins with an overview of both common law and statutory conservation easements thro... see more

Pags. 651  

Jassmine Girgis

An insolvent time in a corporation’s life may compel directors to engage in reckless behaviour and wrongful conduct to hide the state of financial distress from creditors as the directors attempt to trade out of insolvency. Currently, Canadian legislation... see more

Pags. 677  

Robert Flannigan

Commercial actors commonly describe their group undertakings as joint ventures. That practice has infiltrated the judicial lexicon and appears to be fostering a supposition on the part of some judges that a joint venture is a distinct legal form. The supp... see more

Pags. 713  

Richard Jochelson

In R. v. Labaye, the Supreme Court of Canada finally retired the community standards of tolerance test of obscenity. The test had been the subject of much academic critique, a matter that reached its zenith in the period following Little Sisters Book and ... see more

Pags. 741  

Stephen P. Sibold, Q.C.

The article sets out to show that by adopting the Sarbanes-Oxley Act of 2002 together with other rules of the United States corporate governance regime, Canadian securities regulators moved away from a Canadian, principles-based approach, and not necessar... see more

Pags. 769  

Cecilia A. Low

This article discusses the current status of the rule of capture in Canada. Briefly stated, if Party A digs for resources on their own land and captures oil or natural gas that have migrated from Party B’s lands, the rule of capture allows Party A to reap... see more

Pags. 799  

The Hon. Justice Michael Kirby

I have come across the great ocean, and over the mountains, to join the celebrations of 40 years of institutional law reform in Alberta...

Pags. 831  

Jennifer Koshan

In a one week period in August 2008, four decisions concerning family violence were posted on the Alberta Courts website...

Pags. 847