scholarly journals Rule 2.1 of Ontario’s Rules of Civil Procedure: Responding to Vexatious Litigation While Advancing Access to Justice?

2018 ◽  
Vol 35 ◽  
pp. 243-303
Author(s):  
Gerrard J Kennedy

This article analyzes the first three years of the operation of Rule 2.1 of Ontario’s Rules of Civil Procedure (the “Rule”), which allows a court to very summarily dismiss litigation that is “on its face” frivolous, vexatious, and/or abusive. The author explores the history of and rationale for the Rule, in the context of the access to justice crisis in Ontario, and in light of the perceived inadequacy of alternative mechanisms for addressing the dangers raised by vexatious litigants. He then reviews all 190 Rule 2.1 decisions decided between July 1, 2014 and June 30, 2017, with the goal to provide guidance for future lawyers and judges considering using the Rule. This is followed by an analysis of the effects on access to justice of the Rule, in terms of providing speedy and cost-efficient resolution of actions on their merits. The author concludes by considering how the Rule should be used in the future – doctrinally, institutionally, and ethically. His conclusions are hopeful. The Rule is powerful, and its use should prompt some pause in judges and lawyers. By and large, however, the Rule has been very well employed. It has resulted in immense savings of time and financial expense and many cases model fairness to vulnerable parties. In rare instances where the Rule’s (attempted) use has been inappropriate, costs in terms of delay and financial expense are usually minimal. The Rule is ultimately an inspiring example of how civil procedure can be amended to facilitate access to justice.

2021 ◽  
Vol 24 (2) ◽  
pp. 122
Author(s):  
Richiardi, L.

In times of pandemics, it is inevitable for dissertations to revolve around epidemics and that cost efficient cure that can save most lives. Much has already been written about vaccines and much more will be published in the future. When tracing the history of vaccines, authors often begin with the Jenner’s revolutionary technique, and follow its evolution up to the present day. But one’s technique or discovery, however ingenious and innovative, does not originate from thin air. Since the dawn of days, the genus Homo had to deal with infectious and non-comunicable diseases, trying to tackle them with the cultural means that were available at any given time. “Producing the first vaccine was therefore a long and fascinating adventure of human ingenuity”. I want then to retrace this path with what archeology, molecular biology, literature and history have to offer, placing Edward Jenner’s work as the culmination of our journey KEY WORDS history of medicine; epidemics; vaccines.


Author(s):  
John Sorabji

The introduction of a fixed recoverable costs regime into English civil procedure was first recommended in the Woolf reforms. It was not however introduced in 1999 when the Civil Procedure Rules (CPR) came into force. Since that time there have been repeated calls for the introduction of such a regime by the judiciary, not least Sir Rupert Jackson in his 2009 Costs Review and again in his 2017 Supplemental Report to his Costs Review. This chapter first considers the history of fixed recoverable cost reform. It then considers how, if implemented, such a regime could form the basis for an expansion of legal expenses insurance (LEI) and thus taken together the two could increase effective access to justice.


2001 ◽  
Vol 6 (3) ◽  
pp. 172-176 ◽  
Author(s):  
Lawrence A. Pervin

David Magnusson has been the most articulate spokesperson for a holistic, systems approach to personality. This paper considers three concepts relevant to a dynamic systems approach to personality: dynamics, systems, and levels. Some of the history of a dynamic view is traced, leading to an emphasis on the need for stressing the interplay among goals. Concepts such as multidetermination, equipotentiality, and equifinality are shown to be important aspects of a systems approach. Finally, attention is drawn to the question of levels of description, analysis, and explanation in a theory of personality. The importance of the issue is emphasized in relation to recent advances in our understanding of biological processes. Integrating such advances into a theory of personality while avoiding the danger of reductionism is a challenge for the future.


2019 ◽  
Vol 50 (1) ◽  
pp. 1-6
Author(s):  
Katja Corcoran ◽  
Michael Häfner ◽  
Mathias Kauff ◽  
Stefan Stürmer

Abstract. In this article, we reflect on 50 years of the journal Social Psychology. We interviewed colleagues who have witnessed the history of the journal. Based on these interviews, we identified three crucial periods in Social Psychology’s history, that are (a) the early development and further professionalization of the journal, (b) the reunification of East and West Germany, and (c) the internationalization of the journal and its transformation from the Zeitschrift für Sozialpsychologie to Social Psychology. We end our reflection with a discussion of changes that occurred during these periods and their implication for the future of our field.


2016 ◽  
Vol 19 (3) ◽  
pp. 229-247 ◽  
Author(s):  
Hugo Klappenbach ◽  
Ana Maria Jacó-Vilela

2007 ◽  
pp. 87-103
Author(s):  
R. Nureev

The article is devoted to the history of reception and interpretation of the ideas of Marx and Engels. The author considers the reasons for divergence between Marxist and neoclassical economic theories. He also analyzes the ways of vulgarization of Marx’s theory and the making of Marxist voluntarism. It is shown that the works of Marx and Engels had a certain potential for their over-simplified interpretations. The article also considers academic ("Western") Marxism and evaluates the prospects of Marxist theory in the future.


2017 ◽  
pp. 5-21 ◽  
Author(s):  
E. Yasin

The article is devoted to major events in the history of the post-Soviet economy, their influence on forming and development of modern Russia. The author considers stages of restructuring, market reforms, transformational crisis, and recovery growth (1999-2011), as well as a current period which started in2011 and is experiencing serious problems. The present situation is analyzed, four possible scenarios are put forward for Russia: “inertia”, “mobilization”, “decisive leap”, “gradual democratic development”. More than 30 experts were questioned in the process of working out the scenarios.


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