There is a real relationship between the HIV/AIDS pandemic and the world of work. The complexities in the relationship are strengthened by the long asymptomatic period of the disease and its significant presence among a certain age group that forms a major part of the work force. The presence of HIV/AIDS in a workplace, if not effectively managed, leads to unpleasant effects such as an increase in the cost of production, which translates into income loss and capital depletion. Superficial knowledge of these factors often makes the workplace hostile and leads to a culture of discrimination in which the well-being and rights of those affected by the virus are either undermined or out rightly ignored. An effective way of mitigating these negative effects is the provision of workplace reasonable accommodation measures. This paper proposes pragmatic legal ways of meeting the reasonable accommodation needs of people living with HIV/AIDS in Canada.

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Arguments in the debate over abortion can, for the most part, be categorized as aiming to provide an answer to one of two questions: “Is abortion Immoral?”, and “Should abortion be legal?” I will argue that those wishing to make arguments in support of the Pro-Choice position ought to focus on providing an answer to the legal question rather than the moral one. I will argue for two claims in support of this thesis, first, that the current state of the debate over the answer to the moral question is one of reasonable disagreement; second, if we accept David Boonin’s methodology of appealing to one’s opponent on terms that she is likely to accept, then it makes sense for the Pro-Choicer to focus on answering the legal question.

No / Over the past two decades, protecting contractual parties’ reasonable expectations has incrementally gained judicial recognition in English contract law. In contrast, however, the similar ‘doctrine’ of ‘policyholder’s reasonable expectations’ has been largely rejected in English insurance law. This is injurious, firstly, to both the consumer and business policyholder’s reasonable expectations of coverage of particular risks, and, secondly, to consumer policyholder’s reasonable expectations of bonuses in with-profits life insurance. To remedy these problems, this book argues for an incremental but definite acceptance of the conception of policyholder’s reasonable expectations in English insurance law. It firstly discusses the homogeneity between insurance law and contract law, as well as the role of (reasonable) expectations and their relevance to the emerging duty of good faith in contract law. Secondly, following a review and re-characterisation of the American insurance law ‘doctrine’ of reasonable expectations, the book addresses the conventional English objections to the reasonable expectations approach in insurance law. In passing, it also rethinks the approach to the protection of policyholder’s reasonable expectations of bonuses in with-profits life insurance through a revisit to the (in)famous case Equitable Life Assurance Society v Hyman [2000] UKHL 39, particularly to its relevant business and regulatory background.

Water resources located in more than one country are complex systems governed by customary international law embodied in a rule known as equitable and reasonable utilisation, a recent development in international law not yet been applied by an international tribunal to resolve a dispute or to allocate transboundary water resources between countries. Water scarcity on a global scale has reached critical proportions with 1.1 billion people without access to sufficient safe water for personal and domestic use; over half that number depend on transboundary watercourses that will disappear over the next century. Conflicts of use over shared water resource have the potential to escalate into armed conflict; certainty in the peaceful means to avoid and resolve disputes is needed. The thesis examines international procedural practice and jurisprudence applying equitable principles in a case study to illustrate how equitable and reasonable utilisation may be applied by an international tribunal. The survey of international practice will inform States about procedural options for dispute avoidance and resolution in disputes over the use of transboundary water resources.

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Many Indigenous leaders and public figures, as well as scholars of Indigenous culture and history, assert that non-Indigenous ignorance of Indigenous realities has systematically disadvantaged Indigenous peoples in Canada, weakened Canadian society, and makes it impossible to address the conditions of life for Indigenous people in Canada in a sustained or coherent way. Additionally, for many scholars silence and unawareness are deeply linked to colonialism and are implicated in the maintenance of unequal social relations. Drawing from this literature, I contend that in Canada, silence around Indigenous peoples and issues works as a spatial tactic of exclusion. I argue that unawareness is bound up in interests that work to render Indigenous peoples absent from the concerns of modern Canada, and that these interests are deeply intertwined with national and provincial identities such that silences around Indigenous peoples and issues are expressed differently in each Canadian province and territory. This thesis explores the nature of public unawareness of Indigenous realities in Québec. Using the remarkable public voice resource generated by the 2007 Reasonable Accommodation Commission in Québec, a public inquiry into Québec citizens’ opinions about the nature of Québec identity and its relationship to the integration of minorities in the province, I analyze the Commission’s mandate and geographical movements, as well as over 750 written briefs submitted to the Commission. I argue that unawareness of Indigenous realities is widespread in Québec and is unconstrained by participants’ social positions, interests, arguments, or level of engagement with the question of indigeneity in Québec. Though the Commission worked to exclude Indigenous content (and perhaps peoples) from its activities from the outset, eight Indigenous leaders submitted briefs and spoke powerfully and critically of the Commission’s exclusion. These authors point out that the question of Indigenous rights is far from settled, that the Commission’s and Quebecers’ unawareness of Indigenous realities is complicit in a long history of exclusion in Québec and in Canada, and assert that Quebecers will not be able to address their anxiety around immigration in any meaningful or coherent way until Indigenous rights are respected. In my focus on the Reasonable Accommodation Commission, I suggest the particular nature of exclusion in Québec. While exclusion of Indigenous peoples is a Canadian universal, its flavour varies. In this case, the provincial jurisdiction is important. / Thesis (Master, Geography) -- Queen's University, 2012-04-22 18:11:39.47

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What actions constitute reasonable correction (or reasonable corporal punishment) of children pursuant to section 43 of the Criminal Code has been the subject of much legal debate in recent years. In this thesis, I argue that the Supreme Court of Canada’s analysis of section 43 in Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) (2004) failed to sufficiently delineate the justification, as demonstrated by the fact that the Court’s ruling has subsequently been manipulated and misinterpreted by lower courts across Canada. The post-Canadian Foundation jurisprudence has established a need for clarity, both with respect to the scope of section 43 and the provision’s proper application. I argue that Parliamentary reform of section 43 is required and I conclude by suggesting an amendment to the justification that seeks to incorporate current social science views on the issue and resolve the post-Canadian Foundation issues.

Orientation: As required by various sections in The Companies Act 71 of 2008, the appointed practitioner in a rescue must place before the court facts proving reasonable prospect; this is mainly determined through the subjective thought process of the practitioners who rely on his/her experience and knowledge in rescue and/or business management. This appears in direct contrast to the requirements set out by several court cases. There are many questions surrounding the determination of reasonable prospect as there is no benchmark for business rescue practitioners to work towards or a prescribed process to be followed. Research purpose: This article investigates different methods available to business rescue practitioners to factually determine (initial) reasonable prospect and guide the decision making process during the initial stages of the rescue. Motivation for the study: Business rescue is still in its infancy and reasonable prospect is one of the many vague but yet mandatory for initiating business rescue procedures. A better understanding of reasonable prospect and possible ways to factually measure it will contribute greatly to the business rescue regime. Research design and approach: The research studied numerous methods of determining financial distress and decline (literature) as well as relevant cases (law) of rescue accepted or declined in court, on the basis of reasonable prospect. Triangulation of findings assisted to conclude on a series of possible tools to be utilised during the business rescue process. Main findings: Reasonable prospect is mainly based on the practitioner's experience and opinion. Factually proving reasonable prospect remains difficult due to the presence of information asymmetry and the liability of data integrity. Due diligence is important and academic methods of determining financial distress/decline/position mostly serve as a communication tool to creditors. Practical/managerial implications: Business rescue practitioners and other affected parties could benefit from the insights obtained through this study. Confirming possible methods that could assist with the factual determination of (initial) reasonable prospect can contribute to business rescue education/ development as well as avoid the current conflict that surround the subject. Practical benefits for affected parties that must use reasonable prospect are also proposed. Contribution/value add: Identifying relevant methods of determining (initial) reasonable prospect may contribute to the better understanding of business rescue and possibly help future education of BRP's. / Dissertation (MCom)--University of Pretoria, 2016. / tm2016 / Business Management / MCom / Unrestricted