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Dobson (Litigation Guardian Of) V. Dobson
''Dobson (Litigation guardian of) v Dobson'', 9992 SCR 753 was a landmark decision by the Supreme Court of Canada on a pregnant woman's legal duties in tort law. It was the first time the Supreme Court of Canada had to consider this issue. The majority of the Court found that tort claims cannot be brought against women for negligence toward the fetus during pregnancy. The case involved one Cynthia Dobson, who in 1993 was driving and got into a car accident in bad weather. Her fetus was supposedly damaged in the accident and was delivered by Caesarean section on the day of the crash, before the expected due date. The child had cerebral palsy. On behalf of the child, his maternal grandfather brought a tort claim against the mother for negligence in driving in order to benefit from the father's insurance policy, which covered damages caused by the negligence of drivers of his motor vehicle. Decision The majority decision was written by Peter Cory, who began by emphasizing t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal For New Brunswick
The Court of Appeal of New Brunswick (french: Cour d'appel du Nouveau-Brunswick) (frequently referred to as New Brunswick Court of Appeal or NBCA) is the appellate court in the province of New Brunswick. There are five Justices, one Chief Justice, any former judge of the Court of Appeal who is a supernumerary judge and any former Chief Justice of New Brunswick who is a judge or a supernumerary judge. The court sits in Fredericton, New Brunswick. Cases are heard by a panel of three judges. As of 2018, the Chief Justice is the Honourable Marc Richard. Jurisdiction The court hears appeals from the Court of King's Bench of New Brunswick, Provincial Court of New Brunswick, and various tribunals. Cases tried by the court can be appealed to the Supreme Court of Canada, but in practice this happens only a few times a year. Current judges Supernumerary References External links New Brunswick Court of Appeal {{Courts of Canada New Brunswick New Brunswick (french: Nouve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territories, nine Minor Outlying Islands, and 326 Indian reservations. The United States is also in free association with three Pacific Island sovereign states: the Federated States of Micronesia, the Marshall Islands, and the Republic of Palau. It is the world's third-largest country by both land and total area. It shares land borders with Canada to its north and with Mexico to its south and has maritime borders with the Bahamas, Cuba, Russia, and other nations. With a population of over 333 million, it is the most populous country in the Americas and the third most populous in the world. The national capital of the United States is Washington, D.C. and its most populous city and principal financial center is New York City. Paleo-Americ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canadian Charter Of Rights And Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the ''Constitution Act, 1982''. The ''Charter'' guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The ''Charter'' was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the ''Constitution Act, 1982''. The ''Charter'' was preceded by the '' Canadian Bill of Rights'', enacted in 1960, which was a federal statute rather than a constitutional document. As a federal statute, the ''Bill of Rights'' could be amended through the ordinary legislative process and had no application to provincial laws. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Injunction
An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. ("The court of appeals ... has exclusive jurisdiction to enjoin, set aside, suspend (in whole or in part), or to determine the validity of...."); ("Limit on injunctive relief'); ''Jennings v. Rodriguez'', 583 U.S. ___, ___138 S.Ct. 830 851 (2018); '' Wheaton College v. Burwell''134 S.Ct. 2806 2810-11 (2014) ("Under our precedents, an injunction is appropriate only if (1) it is necessary or appropriate in aid of our jurisdiction, and (2) the legal rights at issue are indisputably clear.") (internal quotation marks and brackets omitted); '' Lux v. Rodrigues''561 U.S. 1306 1308 (2010); '' Correctional Services Corp. v. Malesko''534 U.S. 61 74 (2001) (stating that "injunctive relief has long been recognized as the proper means for preventing entities from acting unconstitutionally."); '' Nken v. Holder''556 U.S. 418(2009); see also ''Alli v. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tremblay V Daigle
''Tremblay v Daigle'' 9892 S.C.R. 530, was a decision of the Supreme Court of Canada in which it was found that a fetus has no legal status in Canada as a person, either in Canadian common law or in Quebec civil law.Dunsmuir, Mollie. 1991 Reviewed 18 August 199Abortion: Constitutional and Legal DevelopmentsLibrary of Parliament, Research Branch, Law and Government Division. Current Issue Review 89-10E. This, in turn, meant that men, while claiming to be protecting fetal rights, cannot acquire injunctions to stop their partners from obtaining abortions in Canada. Background By the time the legal controversy began, Canadian abortion law had already been mostly invalidated, as the Therapeutic Abortion Committees were found unconstitutional under section 7 of the Canadian Charter of Rights and Freedoms in ''R v Morgentaler'' (1988). That case, however, while finding the committees were unfair to women requiring therapeutic abortions, had not resolved the issue of the status ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Of Person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world. In general, the right to the security of one's person is associated with liberty and includes the right, if one is imprisoned unlawfully, to a remedy such as ''habeas corpus''. Security of person can also be seen as an expansion of rights based on prohibitions of torture and cruel and unusual punishment. Rights to security of person can guard against less lethal conduct, and can be used in regard to prisoners' rights. United Nations The right to security of the person is guaranteed by Article 3 of the ''Universal Declaration of Human Rights''. In this article, it is combined with the right to life and liberty. In full, the article reads, "Everyon ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rand Dyck
Perry Rand Dyck (born 1943 in Calgary, Alberta) is the author of the Canadian Politics: Critical Approaches textbook which is used in many Canadian universities, and taught to students studying Political Science, Law, Economics, Women's Studies, Philosophy, Anthropology, Sociology, and History. Since 1993, Dr. Dyck has participated in the organisation of the Laurentian University Model Parliament, an event which has been featured in Maclean's magazine. He currently teaches at Carleton University as an adjunct professor and also at Nunavut Sivuniksavut in Ottawa. He won the Teaching Excellence Award at Laurentian University and the OCUFA Teaching Excellence Award in 2002 and the Faculty of Public Affairs Teaching Award at Carleton University in 2014. Model Parliament Dyck was responsible for the creation of the Laurentian University Model Parliament, or (LMP), in 1993. Since that time, the LMP has been organized by the Laurentian University Political Science Association. In prev ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Abortion In Canada
Abortion in Canada is legal at all stages of pregnancy and is publicly funded as a medical procedure under the combined effects of the federal Canada Health Act and provincial health-care systems. However, access to services and resources varies by region. While some non-legal barriers to access continue to exist, Canada is one of the only nations with absolutely no criminal restrictions on abortion. Abortion availability is, however, subject to provincial health-care regulatory guidelines for physicians. The general rule is that few providers offer abortion care beyond 23 weeks and 6 days, but there can be exceptions in certain cases. Formally banned in 1869, abortion would remain illegal in Canadian law for the next 100 years. In 1969, the '' Criminal Law Amendment Act, 1968–69'' legalized therapeutic abortions, as long as a committee of doctors certified that continuing the pregnancy would likely endanger the woman's life or health. In 1988, the Supreme Court of Canada rule ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stress (medicine)
Stress, either physiological, biological or psychological, is an organism's response to a stressor such as an environmental condition. Stress is the body's method of reacting to a condition such as a threat, challenge or physical and psychological barrier. There are two hormones that an individual produces during a stressful situation, these are well known as adrenaline and cortisol. There are two kinds of stress hormone levels. Resting (basal) cortisol levels are normal everyday quantities that are essential for standard functioning. Reactive cortisol levels are increases in cortisol in response to stressors. Stimuli that alter an organism's environment are responded to by multiple systems in the body. In humans and most mammals, the autonomic nervous system and hypothalamic-pituitary-adrenal (HPA) axis are the two major systems that respond to stress. The sympathoadrenal medullary (SAM) axis may activate the fight-or-flight response through the sympathetic nervous s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance
Insurance is a means of protection from financial loss in which, in exchange for a fee, a party agrees to compensate another party in the event of a certain loss, damage, or injury. It is a form of risk management, primarily used to hedge against the risk of a contingent or uncertain loss. An entity which provides insurance is known as an insurer, insurance company, insurance carrier, or underwriter. A person or entity who buys insurance is known as a policyholder, while a person or entity covered under the policy is called an insured. The insurance transaction involves the policyholder assuming a guaranteed, known, and relatively small loss in the form of a payment to the insurer (a premium) in exchange for the insurer's promise to compensate the insured in the event of a covered loss. The loss may or may not be financial, but it must be reducible to financial terms. Furthermore, it usually involves something in which the insured has an insurable interest established by ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
In law, common law (also known as judicial precedent, 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 common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Insurance Law
Insurance law is the practice of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer policies; and regulation of claim handling wise. History The earliest form of insurance is probably marine insurance, although forms of mutuality (group self-insurance) existed before that. Marine insurance originated with the merchants of the Hanseatic league and the financiers of Lombardy in the 12th and 13th centuries, recorded in the name of Lombard Street in the City of London, the oldest trading insurance market. In those early days, insurance was intrinsically coupled with the expansion of mercantilism, and exploration (and exploitation) of new sources of gold, silver, spices, furs and other precious goods - including slaves - from the New World. For these merchant adventurers, insurance was the "mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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