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The Untapped Potential of Transsystemic Thinking

Jukier, Rosalie·2018·SSRN Electronic Journal
DOI 10.2139/ssrn.3243970
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Research works printed but not linked: 29

  1. Ancel, Quelle place
  2. Pascal Ancel, 2016, Towards a new Model of Legal Education: The special Case of Luxembourg, The Internationalisation of Legal Education, 195, 10.1007/978-3-319-29125-3_12 · DOI
  3. Ibid, 207, 10.2307/j.ctt207g8bt.22 · DOI
  4. 1916, McGill began offering a three-year common law degree in addition to its three-year civil law degree program as well as the possibility of obtaining both degrees in four years, but this was abandoned in 1924. see Roderick A. MACdOnALd, The national Law Programme at McGill: Origins, Establishment, Prospects, 13
  5. 2014, Union Carbide Canada Inc. v
  6. Omer See, 2008, Joining Forces in search for Answers: The Use of Therapeutic Jurisprudence in the Realm of Mediation Ethics
  7. requires the parties to indicate the consideration given to private dispute prevention and resolution processes in their mandatory case protocol that they must present to the court within 45 days of initiating an action
  8. C C P, 2016, gives judges extensive case management powers including encouraging the parties to use mediation. Art. 9, para. 2 C.C.P. gives judges a conciliatory function in addition to their adjudicative one and art. 161 C.C.P. et seq. provide for judicial settlement conferencing. see also Jean-Fran�ois ROBERGE, '"sense of Access to Justice' as a Framework For Civil Procedure Justice Reform: An Empirical Assessment of Judicial settlement Conferences in, Canada), 17
  9. J Cardozo, 356 (judicial mediation has proved enormously successful, both in the number of cases settled using this technique (80%) as well as high rates of satisfaction among users, Conflict Resolution, 323
  10. Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194, s. 24.1. The counties are Toronto
  11. Justice Taschereau, 1887, who served on the supreme Court from 1878 to 1906, was a chief proponent of this harmonization philosophy. see e.g., Canadian Pacific Ry. Co. v. Robinson, (1887) 14 s, C.R, 105
  12. Justice Pierre-Basile, 1987, Un th�me dominant de la pens�e juridique traditionnelle au Qu�bec : la sauvegarde de l'int�grit� du droit civil, 32
  13. L Mcgill, J, 559
  14. Pierrebasile Mignault, 1918, There are other examples of supreme Court decisions, many penned by Justice LeBel, which echo this philosophy of diversity and autonomy, CanLII, 37
  15. Quebec, 2013, Agence du Revenu) v. Services Environnementaux AES inc, 10.1787/9789264186279-graph21-fr · DOI
  16. For a discussion of Justice LeBel's role in preserving the civilian tradition in procedural law, see R. JUKIER, The Legacy of Justice Louis LeBel: The Civilian Tradition and Procedural Law
  17. see Union Carbide, supra, note 68
  18. 2004, ] 1 s.C.R. 456. faced a request by contracting parties to rectify their agreement on the grounds that there was a disparity between their common intention and the consequences that resulted from the documents drawn up to give effect to that intention. 95 The Court refused the parties' request and, while basing its decision on principles in the C.C.Q., referred extensively to the common law's equitable remedy of rectification, stating that the decision "aligns with the result that would be reached in the common law provinces, 96 Moreover, while recognizing that rectification in Quebec and in common law jurisdictions will
  19. 98 such caution has resulted in the jurisprudential recognition of protective limitations built into the application of the common law in Quebec cases. In particular, civilian sources and methodology are to be prioritized, 99 the common law's residual role will not apply where it would "be contrary to the overarching principles set on in the C.C.Q. and the Quebec Charter, Unlike the reference to common law used by the supreme Court in its early years
  20. 2016, The second difference is that we are now seeing some reciprocity in the inspiration moving from one legal tradition to the other in an increasing number of common law decisions that are making reference to, and learning from, Quebec civil law. A notable example is the Bhasin v. Hrynew decision of 2014, where the supreme Court held good faith in contractual performance to be a general organizing 95
  21. Ibid, 10.2307/j.ctt207g8bt.22 · DOI
  22. V Vivendi Canada Inc, 2014, 10.1016/s1365-6937(14)70020-6 · DOI
  23. P L C J L, 2011, QCCA 1233
  24. see Lac d'Amiante, supra
  25. Globe and Mail, supra, note 92
  26. Jean-Louis See, 1975, L'interpr�tation du Code Civil qu�b�cois par la Cour supr�me du Canada, Can. Bar. Rev, 53
  27. at para. 29. 104. Ibid., at para. 82. 105. Ibid., at para. 85. 106. 2012 sCC 17, 55
  28. 148 referencing the common law decision on good faith in Bhasin, supra, note 54, Churchill Falls QCCA, supra, 130
  29. " Kasirer, 10.2307/j.ctt207g8bt.22 · DOI

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Metadata

Authors
Jukier, R.
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2018
ISSN
1556-5068
DOI
10.2139/ssrn.3243970
Cited by
2
References
0
Language
en

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CoChat. (2026). Citation check: The Untapped Potential of Transsystemic Thinking. https://app.cochat.ai/papers/10.2139/ssrn.3243970
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Jukier, R. (2018). The Untapped Potential of Transsystemic Thinking. SSRN Electronic Journal. https://doi.org/10.2139/ssrn.3243970