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Gerard Kennedy

Faculty of Law, University of Alberta

Law Centre (111 - 89 Ave)

University of Alberta

Edmonton, Alberta T6G 2H5

Canada

  • Faculty of Law, University of Alberta

SCHOLARLY PAPERS

29

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Top 49,535

in Total Papers Downloads

2,531

TOTAL CITATIONS

2

Ideas:
“  I'm currently working on: a) a constitutional analysis of various proposals to increase Indigenous representation in Canada's legislatures; b) an analysis of procedural tools' proper and improper overlaps; c) new editions of textbooks on civil litigation and public law; and d) an analysis of the tensions between judicial deference in administrative and constitutional law.  ”

  • Faculty of Law, University of Alberta

Scholarly Papers (29)

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1.

Power Over Parliament: The Status and Future of the Justiciability of the Legislative Process

Number of pages: 26 Posted: 09 Dec 2024
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 245 (313,926)

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public law, constitutional law, separation of powers, justiciability, parliamentary privilege

2.

The Federal Courts Advantage in Civil Procedure

Canadian Bar Review, Forthcoming
Number of pages: 62 Posted: 22 Nov 2023
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 242 (315,246)

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3.

Justiciability, Access to Justice and Summary Procedures in Public Interest Litigation

Number of pages: 30 Posted: 10 Jun 2019
Gerard Kennedy and Lorne Sossin
Faculty of Law, University of Alberta and York University - Osgoode Hall Law School
Downloads 196 (389,821)

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4.

Twenty-Seven Reserved Judgments: 2023 at the Supreme Court of Canada

__ Supreme Court Law Review (2d) __ Forthcoming
Number of pages: 29 Posted: 21 Feb 2024
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 172 (447,215)

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5.

Civil Appeals in Ontario: How the Interlocutory/Final Distinction Became So Complicated and the Case for a Simple Solution?

Queen's Law Journal, Vol. 42, No. 2, 2020
Number of pages: 44 Posted: 08 Jun 2020
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 163 (464,454)

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Appeals, civil procedure

6.

Public Inquiries' Terms of Reference: Lessons from the Past -- and for the Future

Manitoba Law Journal, Vol. 41, No. 1, 2018
Number of pages: 24 Posted: 24 Aug 2018
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 138 (534,155)
Citation 1

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Public Inquiries; administrative law

7.

Wither the Divisional Court?: Looking at the Past, Analyzing the Present, and Querying the Future of Ontario’s Intermediary Appellate Court

Ottawa Law Review, Forthcoming
Number of pages: 40 Posted: 07 Sep 2021 Last Revised: 27 Dec 2021
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 136 (540,814)

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8.

Justiciability, Religious Tenets, and Private Law Causes of Action: Towards a Predictable Framework

(2024) SCLR (3d)
Number of pages: 23 Posted: 23 Feb 2024
Gerard Kennedy and Kristopher Kinsinger
Faculty of Law, University of Alberta and Smith Valeriote LLP
Downloads 134 (547,695)

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justiciability, religious neutrality, religious freedom, religious equality, contracts, private law, rights rights, rule of law

9.

Nevsun, Atlantic Lottery, and the Implications of the 2020 Supreme Court of Canada Motion to Strike Decisions on Access to Justice and the Rule of Law

University of New Brunswick Law Journal, 2021
Number of pages: 32 Posted: 24 Jul 2021 Last Revised: 27 Dec 2021
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 124 (588,531)

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Civil Procedure, Motions to Strike, International Law, Restitution

10.

They’re All Interpretative: Towards a Consistent Approach to ss 25-31 of the Charter

UBC Law Review, Forthcoming
Number of pages: 60 Posted: 14 Aug 2023
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 118 (604,538)

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Constitutional Law, Charter of Rights and Freedoms, Judicial Restraint

11.

The Alberta Court of Appeal’s Vexatious Litigant Order Trilogy: Respecting Legislative Supremacy, Preserving Access to the Courts, and Hopefully Not to a Fault

Alberta Law Review, Forthcoming
Number of pages: 32 Posted: 03 Nov 2020
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 106 (669,616)

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Civil Procedure, Access to Justice, Vexatious Litigant Orders

12.

Justiciability, Access to Justice & the Development of Constitutional Law in Canada

45(4) Federal Law Review 707, 2017
Number of pages: 17 Posted: 05 Feb 2018 Last Revised: 08 Jun 2018
Gerard Kennedy and Lorne Sossin
Faculty of Law, University of Alberta and York University - Osgoode Hall Law School
Downloads 101 (689,572)

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Civil Procedure; Constitutional Law; Administrative Law; Justiciability; Motions to Strike; Summary Judgment

13.

The Rules-Standards Debate and Ontario Civil Procedure Reform: A Case for More Rules?

Downloads 77 (844,901)

The Rules-Standards Debate and Ontario Civil Procedure Reform: A Case for More Rules?

Journal of Legal Philosophy, Volume 47, No. 1, Pp. 24-52, 2022
Number of pages: 44 Posted: 07 Nov 2024
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 50 (1,095,444)

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Civil Procedure, Legal Theory

The rules-standards debate and Ontario Civil Procedure reform: a case for more rules?

Number of pages: 29 Posted: 17 Dec 2024
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 27 (1,430,393)

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rules-standards, access to justice, civil procedure, Canadian law, interlocutory motions

14.

Glover v Progressive Conservative Party of Manitoba: Courts Deferential in Reviewing Internal Party Affairs – Even When They’re 'Contracts'

Journal of Parliamentary an Political Law 2022
Number of pages: 11 Posted: 14 Jun 2022
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 73 (852,604)

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Political parties; justiciability; private law obligations

15.

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

Windsor Yearbook of Access to Justice, 2018
Number of pages: 61 Posted: 08 Jun 2019
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 71 (875,328)

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16.

Hryniak Comes to Manitoba: The Evolution of Manitoba Civil Procedure in the 2010s

Manitoba Law Journal, Forthcoming
Number of pages: 29 Posted: 15 Dec 2020
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 67 (916,100)

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17.

Jurisdiction Motions and Access to Justice: An Ontario Tale

Osgoode Hall Law Journal, 55.1 (Forthcoming), Osgoode Legal Studies Research Paper No. 51/2017
Number of pages: 64 Posted: 04 Oct 2017
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 61 (961,006)

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access to justice, jurisdiction, Hryniak , Van Breda, jurisdiction motions, forum non conveniens, costs

18.

Jurisdiction Motions and Access to Justice: An Ontario Tale

Osgoode Hall LJ, Vol. 13, Issue. 11, (2017)
Number of pages: 64 Posted: 05 Feb 2018 Last Revised: 08 Jun 2018
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 57 (1,000,027)

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Civil Procedure; Access to Justice; Conflicts of Law; Private International Law; Jurisdiction

19.

The 2010 Amendments and Hryniak v Mauldin: The Perspective of the Lawyers Who Have Lived Them

36 Windsor Yearbook of Access to Justice ___ (Forthcoming)
Number of pages: 47 Posted: 23 Sep 2020 Last Revised: 15 Dec 2020
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 47 (1,109,210)

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civil procedure, access to justice

20.

De Jure Submission and De Facto Courteous Regard: Places for Two Types of 'Deference' Post-Vavilov

106 Supreme Court Law Review (2d) 383
Number of pages: 10 Posted: 11 Jul 2023
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 43 (1,157,785)
Citation 1

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Administrative Law, Courts, Deference, Law and Economics, Regulated Industries, Administrative Law

21.

Different Ways to Get to 'Everything'?: Judicializing Everything? The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom by Mark S. Harding

Ottawa Law Review, Vol. 54, No. 1, 2023
Number of pages: 10 Posted: 27 Apr 2023
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 43 (1,157,785)

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Constitutional Law; Judicial Power

22.

Persisting Uncertainties in Appellate Jurisdiction at the Supreme Court

(2013) 100 Criminal Reports (6th) 96
Number of pages: 11 Posted: 05 Feb 2018
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 40 (1,196,171)

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Appellate Practice; Supreme Court of Canada; Questions of Law; Criminal Law

23.

Hryniak’s Erosion: Summary Judgment in Ontario

Osgoode Legal Studies Research Paper No. 6401158
Number of pages: 42 Posted: 23 Mar 2026
Suzanne Chiodo, Gerard Kennedy and Alyssa S. King
Osgoode Hall Law School, Faculty of Law, University of Alberta and Queen's University - Faculty of Law
Downloads 28 (1,470,786)

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summary judgment, civil procedure, access to justice, civil justice reform, COVID-19, pandemic

24.

Chief Justice Chartier’s Civil Procedure Legacy: Attuned to Access to Justice

Manitoba Law Journal, Forthcoming
Number of pages: 15 Posted: 22 Nov 2023
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 26 (1,385,945)

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25.

Wither the Divisional Court? Looking at the Past, Analyzing the Present, and Querying the Future of Ontario's Intermediary Appellate Court

Ottawa Law Review, Vol. 53, No. 1, 2021
Number of pages: 40 Posted: 23 Feb 2022
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 23 (1,424,331)

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26.

Council of Canadians with Disabilities: Another Reminder to Resolve Cases on their Merits

Supreme Court Law Review (2d) ___ (forthcoming)
Posted: 05 Jul 2023 Last Revised: 06 Jul 2023
Gerard Kennedy
Faculty of Law, University of Alberta

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Civil Procedure; Standing; Access to Justice; Constitutional Litigation

27.

Tanudjaja v Canada (Attorney General): Distinguishing Injusticiability and Deference on Motions to Strike

Posted: 16 Jun 2018
Gerard Kennedy and Mary Angela Rowe
Faculty of Law, University of Alberta and Osler, Hoskin & Harcourt LLP

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Justiciability, access to justice, civil procedure, constitutional law

28.

R.V.P.C.: Accused Does Not Have Right to State-Funded Counsel for a First Appeal – Necessarily

(October 2014) Toronto Law Journal
Posted: 05 Feb 2018
Gerard Kennedy
Faculty of Law, University of Alberta

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Appellate Practice; Criminal Law; Right to Counsel

29.

Pragmatic and Logical: The Supreme Court of Canada's White Burgess Decision

5(2) Commercial Arbitration and Litigation Review 23 (2016)
Posted: 05 Feb 2018
Gerard Kennedy
Faculty of Law, University of Alberta

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Evidence; Supreme Court of Canada; Expert Witnesses

Other Papers (1)

Total Downloads: 14
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1.

Book Review of In Search of the Ethical Lawyer: Stories from the Canadian Legal Profession, edited by Adam Dodek & Alice Woolley

35 Windsor Yearbook of Access to Justice 177
Number of pages: 10 Posted: 08 Jun 2019
Gerard Kennedy
Faculty of Law, University of Alberta
Downloads 14

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