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Income Tax Law, Second edition
The long-awaited second edition of Income Tax Law is a comprehensive, up-to-date treatise on income tax law in Canada. The book introduces students and practitioners to income tax law in its broadest dimensions. It addresses the subject matter based on principles, policy, and practice. The objective is to explain what the law is and, more importantly, why it is the way it is, and how it works (or does not).
It examines the policy, structural, constitutional, and judicial framework of income tax law, addressing the following questions: who is taxable?; what is taxable?; how much tax is payable?; when is tax payable?; and how do we administer the system and resolve disputes with the tax collector? The book contains clear explanations of complex principles and formulae, a bibliography, a glossary, and appendices setting out tax rates and measurement of income.
Students of tax law will find this book indispensable. Legal practitioners in business law and litigators will also find it useful in drafting pleadings and assessing damages when considering tax issues in civil litigation. Finally, accountants, business executives, and other professionals will find the book helpful in navigating the murky waters of income tax.
The book includes, in an epilogue, an analysis of the December 2011 Supreme Court of Canada decision in Copthorne Holdings Ltd v Canada.
Summary Table of Contents
PART I: Introduction
Chapter 1: An Overview of Tax Law and Concepts
Chapter 2: Statutory Interpretation
PART II : Who Is Taxable?
Chapter 3: Tax Nexus
Chapter 4: The Meaning of Income
PART III : What Is Taxable?
Chapter 5: Whose Income Is It?
Chapter 6: Office and Employment Income
Chapter 7: Business and Property Income
Chapter 8: Business and Property Deductions
Chapter 9: Capital Gains and Losses
Chapter 10: Other Income and Deductions
Chapter 11: Damages
Chapter 12: From Net Income to Taxable Income
PART IV: How Much Tax?
Chapter 13: Computation of Tax: Individuals
Chapter 14: Computation of Tax: Corporations
Chapter 15: Tax Credits
PART V: Corporations
Chapter 16: Basic Principles
Chapter 17: Corporate Business Income
Chapter 18: Corporate Investment Income
PART VI: Tax Avoidance
Chapter 19: General Anti‑Avoidance Rule
PART VII : Administrative Processes
Chapter 20: Filings, Assessments and Related Issues
PART VIII : Judicial Process
Chapter 21: Objections and Appeals
Epilogue
PART IX: Appendices
Appendix A: The Time Value of Money
Appendix B: Tax Rates
Appendix C: Measurement of Income
Appendix D: Free Internet Resources
Glossary
Table of Cases
Index
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Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms
Section 7 of the Canadian Charter of Rights and Freedoms provides that “[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” This book sets out what these principles are and outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The book is underlined by the view that the principles of fundamental justice are important to the legal order of a free and democratic society.
Summary Table of Contents
Preface
Chapter 1: Introduction
Chapter 2: Engaging Section 7
Chapter 3: Defining the Principles of Fundamental Justice
Chapter 4: Substantive Principles of Fundamental Justice
Chapter 5: Procedural Fairness as a Principle of Fundamental Justice
Chapter 6: Justifying Infringements of Section 7
Chapter 7: The Significance of Section 7
TABLE OF CASES
INDEX
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Law Firm Recruitment in Canada: Job Search Advice for Law Students and Associates, Second Edition
Written from the perspective of someone with insider knowledge, this book provides insight into the way Canadian law firms recruit. Wendy Griesdorf, former director of career services at Osgoode Hall Law School, reveals everything aspiring and new lawyers need to know about securing summer, articling, or associate positions, including how to research a law firm job, how to apply and interview, and how to succeed once hired. The book offers detailed information on the different recruitment cycles in Canada (including on-campus interviews), guidelines on the preparation of an effective resumé and cover letter, strategies for developing successful interviewing techniques, and tips on networking. It includes resumé and cover letter samples, examples of interview questions, as well as a personal workbook designed to help students and associates analyze their skills and interests and formulate their career goals.
A must-have for law students and new lawyers.
Contents
Chapter One: Preparation
- Resumés and Cover Letters
- Core Messages
Chapter Two: Interviews
- Fifty Points on Interviewing
- Professionalism in Interviews
- Physiology and the Interview
Chapter Three: First Year
- Recruitment Cycles for First-Year Law Students
- Legal Research and Writing
Chapter Four: Second Year
- Second-Year Summer Jobs
- On-Campus Interviews (OCIs) for Positions with Law Firms
- Other Second-Year Summer Jobs
Chapter Five: Third Year
- Beginning Your Articling Job Search
- Articling in Another Province
Chapter Six: Articling
Chapter Seven: Associate Positions
- A Framework for an Associate Job Search
- The Associate Job Interview
Chapter Eight: Practice Management & Organization
- Reduce Stress
- Professional Liability
- Increase Efficiency
Chapter Nine: The Release Hatch: Leaving Law and Finding Another Job
- Analyzing Why You Want to Leave Law
- Building a Budget
- Finding a New Industry
- Repackaging Your Skills
- Drafting a New Resumé
Chapter Ten: Samples
- Sample Resumé and Analysis
- Cover Letter and Analysis
- Sample Cover Letter Sentences
- Sample Interview Questions
- Sample Practice Areas
- Law Office Structures and Traditional Law Careers
- Organizational System
- Sample File List
- Sample Telephone Log
Chapter Eleven: Personal Workbook
- Personal Background
- General Areas of Interest
- Emerging Areas of Interest
- Advanced Areas of Interest
- Research and Information Integration
- Network Building
- Work Environment, Work Style, and Career Goals
- Tactical Strategies for Improvement
- Budget
- Deadlines and Send-by Dates
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Knowledge Policy for the 21st Century: A Legal Perspective
The 21st century started with a bang, at least from the perspective of the widespread adoption of information technologies, and market hype for overvalued technology stock. There was a second bang shortly afterwards, when the bubble burst. We are now entering a period of greater stability for the appreciation of information technology in society, as well as sustained development, albeit in a financial environment that has become uncertain. This collection of essays addresses some of the issues that face our society in deciding how best to handle access to, and monopolies over, knowledge. It includes detailed examination of the social, political and legal implications of free and open source software. As well it looks at the future of copyright in the digital age.
This book arose out of a conference held in April 2007 at the University of Western Ontario Faculty of Law. The conference was a collaborative research exercise between the University of Western Ontario and The Queensland University of Technology.
Table of Contents
Introduction
Considerations for a 21st-century Knowledge Policy
Mark Perry & Brian Fitzgerald
Chapter 1
Free Software
Richard Stallman
Chapter 2
Free Software as a Democratic Principle
Nic Suzor, Brian Fitzgerald, & Mark Perry
Chapter 3
A Theory of Disclosure for Security and Competitive Reasons: Open Source, Proprietary Software, andGovernment Systems
Peter P. Swire
Chapter 4
FLOW Licensing and Contracting: Applied Intellectual Resource Economics in the Canadian Public Sector
Joseph R. Potvin
Chapter 5
Free Software and Software-defined Radio: An Overview of New FCC Rules
Matt Norwood
Chapter 6
The Legality of Free and Open Source Software Licences: The Case of Jacobsen v. Katzer
Brian Fitzgerald & Rami Olwan
Chapter 7
Facilitating Meaningful Public Access to Primary Legal Information: Designing an Integrated Legal Environment
Marcus Bornfreund & Phil Surette
Chapter 8
Blogs and the Law: Key Legal Issues for the Blogosphere
Damien O’Brien
Chapter 9
The School Girl, the Billboard, and Virgin: The Virgin Mobile Case and the Use of Creative Commons Licensed Photographs by Commercial Entities
Emma Carroll & Jessica Coates
Chapter 10
Abandoning Eden: The Google Print Library Project
Dilan Thampapillai
Chapter 11
Third-party Copyright and Public Information Infrastructure/Registries: How Much Copyright Tax Must the Public Pay?
Brian Fitzgerald & Benedict Atkinson
Chapter 12
The Academic Authorship, Publishing Agreements, and Open Access Survey: An Australian Perspective
Anthony Austin, Maree Heffernan, & Nikki David
Chapter 13
A Relational Theory of Authorship
Sampsung Xiaoxiang Shi & Brian Fitzgerald
Chapter 14
Access to Digital Information: Gift or Right?
Margaret Ann Wilkinson
Chapter 15
Creating a Legal Framework for Copyright Management of Open Access within the Australian Academic and Research Sector
Brian Fitzgerald, Anne Fitzgerald, Mark Perry, Scott Kiel-Chisholm, Erin Driscoll, Dilan Thampapillai, & Jessica Coates
Chapter 16
Digital Copyright Reform in New Zealand: An Own-Interest Approach for a Small Market Economy
Susy Frankel
Contributors
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Animals and the Law
"Read on. You will remember this book." -Clayton C. Ruby, from the Foreword.
Animals and the Law examines the unique role that animals play as living property in a legal system conceived by and for human beings. On the one hand, animals are things that we buy, eat, and use in experiments. On the other, they are beloved family companions. The book traces the history of laws dealing with animals, from the animal trials which began in the thirteenth century in Europe, through the development of anti-cruelty laws, to the present struggle to cope with the conflicting implications of biotechnology and other industrial uses for animals, and, indeed, artificially created living things. Throughout, the book critically evaluates the present legal status of animals and asks us to consider whether animals should be viewed as objects, as legal subjects, as legal persons, or as something else entirely.
Summary Table of Contents
Foreword by Clayton C. Ruby
Acknowledgments
Introduction
PART I: What is an Animal?
Chapter 1: The History of Western Ideas about Animals
Chapter 2: Current Ideas: From Science to Philosophy to Law
PART II : Legal Landscape
Chapter 3: Federal Anti-cruelty Laws
Chapter 4: Provincial Animal Welfare Legislation
PART III : Specific Uses of Animal Things
Chapter 5: Companions
Chapter 6: Food
Chapter 7: Research Tools
Chapter 8: Beasts
Closing Thoughts
Glossary
Table of Cases
Index
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Wigmore on Alcohol
Wigmore on Alcohol is an indispensable tool for medical and legal practitioners looking for up-to-date scientific evidence related to blood alcohol. The author, James G. Wigmore, is a forensic alcohol toxicologist who has testified in over 600 criminal trials at all levels of court, including the Supreme Court of Canada, as well as in civil and coroner cases, and has published more than 50 articles in the field of forensic alcohol toxicology. Wigmore has developed the definitive sourcebook on courtroom alcohol toxicology for the medicolegal professional. The book is an exhaustive survey of the scientific literature dealing with blood alcohol. The book abstracts over 650 articles from the periodical literature around the world and presents the information in a clear and systematic format which is easily accessible by both experts and lay persons.
Summary Table of Contents
Chapter 1: Absorption, Distribution, and Elimination of Alcohol
Chapter 2: Blood Alcohol
Chapter 3: Breath Alcohol
Chapter 4: Alcohol in Urine, Saliva, Sweat, and Breast Milk and Biomarkers of Alcohol Consumption
Chapter 5: Effect of Alcohol on Driving Ability
Chapter 6: Effect of Alcohol on Other Behaviors
Chapter 7: Postmortem Alcohol
Chapter 8: Other Alcohols and Related Compounds
Appendices: Abbreviations and Explanations
Chemical Symbols and Formulas
Abstracted Studies
Author Index
Journal Index
Publication Year Index
Subject Index
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In The Balance
This volume resulted from the International Conference on the Administration of Justice and National Security in Democracies, held in Ottawa in June 2007 and organized jointly by the Courts Administration Service and the Canadian Centre of Intelligence and Security Studies at Carleton University. The Conference brought together members of the judiciary, government officials, and academics from democracies around the world to share their views on the continuing importance and ongoing challenges of the administration of justice and the rule of law in the context of modern threats to national security, in particular those posed by transnational Islamist terrorism.
Contents
Acknowledgements
1 Introduction: The Administration of Justice and National Security in Democracies
Christopher K. Penny
Part One: Context
2 Islamist Terrorism: Assessing Threats to Democracy
Lorenzo Vidino
Part Two: Law and the Challenge of Terrorism
3 Human Rights in Times of Terror: A Judicial Point of View
The Honourable Aharon Barak
4 On Being Overinvested in Law as a Weapon Against Terrorism
The Honourable Richard A. Posner
5 Respect des libertés individuelles et exigences de sécurité nationale : quel point d’équilibre?
Jean-Claude Marin
6 The Administration of Justice, the Charter, and Canada’s National Security
Stanley A. Cohen
7 Common Law and Statutory Provisions Relating to National Security
The Honourable Sir Andrew Collins
Part Three: Conducting and Reporting National Security Proceedings
8 Terrorism Trials
The Honourable Ian Bruce Josephson
9 Media Reporting on National Security Judicial Proceedings
The Right Honourable Lord Hutton
Part Four: Implications of Torture and Coercion
10 Adjudicating National Security: Ethics, Counter-Terrorism, and the Administration of Justice
Angela Gendron
11 Torture and Evidence in Criminal Matters
The Honourable Yorick Aler
12 Deportations with Assurances: A United Kingdom Court’s Perspective
The Honourable Sir Duncan Ouseley
Part Five: National Security Oversight and Review
13 Tests of Maturity: An Australian Perspective
Ian Carnell
14 Intelligence Services Commissioner for the United Kingdom
The Right Honourable Sir Peter Gibson
15 The Role of Canada’s Security Intelligence Review Committee in Safeguarding Human Rights While Protecting National Security
The Honourable Gary Filmon
List of Contributors
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Public Law at the McLachlin Court
Beverley McLachlin was sworn in as the seventeenth Chief Justice of Canada on 7 January 2000. This book focuses on constitutional and administrative law decisions rendered in the first decade of the McLachlin Court. It includes contributions in both English and French from leading scholars who examine the Court’s legacy in areas such as federalism, Aboriginal rights, Charter rights such as equality and freedom of association, criminal law, and public international law. The book provides authoritative insight into the many important judgments that helped to define or redefine the Canadian legal landscape in the first decade of the 21st century as well as glimpse into what Canadians might expect from our highest Court in the years ahead.
CONTENTS
Foreword
The First Decade of the 21st Century: The Supreme Court of Canada in Context
The Right Honourable Chief Justice of Canada Beverley McLachlin, P.C.
Introduction
The McLachlin Court’s First Decade—A Dynamic Time for Public Law
Adam M. Dodek and David A. Wright
Part One: Broad Perspectives
Changing Course or Trimming Sails? The Supreme Court Reconsiders
Thomson Irvine
Les décisions de la juge McLachlin à la Cour suprême du Canada : une analyse statistique comparative
Marie-Claire Belleau, Anik Lamontagne, et Rebecca Johnson
The McLachlin Court and the Promise of Procedural Justice
Lorne Sossin
Part Two: Administrative Law
The McLachlin Court and the Public Law Standard of Review: A Major Irritant Soothed or a Significant Ongoing Problem?
David J. Mullan
Procedural Fairness at the McLachlin Court
Freya Kristjanson
In Search of Coherence: The Charter and Administrative Law under the McLachlin Court
Susan L. Gratton and Lorne Sossin
Part Three: Federalism and Aboriginal Law
The Busy Harbours of Canadian Federalism: The Division of Powers and Its Doctrines in the McLachlin Court
Peter C. Oliver
The Reconciliation Doctrine in the McLachlin Court: From a “Final Legal Remedy” to a “Just and Lasting” Process
Constance Macintosh
The Duty to Consult Aboriginal Peoples: Government Approaches to Unresolved Issues
Lori Sterling and Peter Landmann
Part Four: Equality and Fundamental Freedoms
Le poids de l’histoire : les années McLachlin et la liberté de religion
Nathalie Des Rosiers
L’arrêt Kapp : L’interprétation du paragraphe 15(1) de la Charte (enfin) recentrée sur son objet égalitaire de non-discrimination
Daniel Proulx
Collective Bargaining and Freedom of Association: Pondering B.C. Health Services
Thomas Kuttner, Q.C.
Part Five: The Old and the New: Criminal Law and International Law
Criminal Justice in the McLachlin Court: Many More Kudos Than Brickbats
Don Stuart
International Law in the Jurisprudence of the McLachlin Court
John H. Currie
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Law Society of Upper Canada Special Lectures 2010
This year’s volume contains an interdisciplinary, medical-legal program that was designed to teach legal professionals how their practices can benefit from the synergies that exist among the legal, health, and care-giving professions when advising the increasing population of older adults and their families in matters relating to estate planning, decision making and dispute resolution.
Contents
Preface
A Medical-Legal Approach to Estate Planning, Decision Making, and Estate Dispute Resolution for the Older Client: Keynote Remarks
The Honourable Justice Eileen E. Gillese
Decision Making and Estate Dispute Resolution for the Older Client: A Geriatrician’s Perspective
Dr. A. Mark Clarfield, FRCPC
The Practical Framework—Responding to Common Estate Issues when Representing the Older Client
Brian A. Schnurr, C.S.
The Practical Framework—Responding to Common Legal and Medical Issues of the Older Client
Dr. Kenneth I. Shulman FRCPC
Setting the Stage: Interviewing the Older Client
Hilary E. Laidlaw, C.S.
Confidentiality: Medical and Legal
Judith A.B. Wahl
The Retainer
Marshall A. Swadron
Solicitor’s Duty of Care
Mary L. MacGregor
Common Medical Conditions that Might Affect Competence in the Elderly: The 4Ds (Depression, Delirium, Dementia, Drugs)
Dr. Nathan Herrmann, FRCPC
The Lawyer’s Dilemma
Mary Lou Dingle, Q.C.
When Should the Lawyer Consult with the Medical Practitioner? What Should the Lawyer Ask? What Are the Reasonable Expectations? Who Should Be Asked?
Dr. Richard Shulman, FRCPC and Susan J. Woodley, C.S.
Cognitive Neuroscience and the Solicitor’s Approach to Mental Incapacity
Arthur I. Fish
The Substitute Decisions Act: A Law of Unintended Consequences
Jan Goddard, C.S.
Taking Instructions: Red Flags Relating to Capacity and Undue Influence (How Do You Know There is a Problem?)
Liza C. Sheard
REVIEW The Wills of Older People: Risk Factors for Undue Influence
C. Peisah, S. Finkel, K. Shulman, P. Melding, J. Luxenberg, J. Heinik, R. Jacoby, B. Reisberg, G. Stoppe, A. Barker, H. Firmino and H. Bennett
Undue Influence and Suspicious Circumstances: “A Whole Ball of Wax”
Jordan M. Atin, C.S.
Understanding the Court‘s Approach to Allegations of Undue Influence and Suspicious Circumstances
The Honourable Justice Thomas R. Lederer
Preparation of Powers of Attorney and Wills to Withstand Attack
Eric N. Hoffstein and Jordan D. Oelbaum
Brave New World! The Cost of Proportionality in Will Challenges and Guardianship Disputes: Discovery, Summary Judgment and the Courts’ Discretion in Fixing Costs
Justin W. de Vries and Angélique Moss
Capacity Assessment by Attending Physician or Capacity Assessor
Dr. Heather Gilley and Dr. Carole Cohen, FRCPC
Capacity Assessments by the Drafting Lawyer
M. Elena Hoffstein and Joanna Gorman
Methods of Attacking a Capacity Assessment
Anita Szigeti and Archie Rabinowitz, C.S.
Modern Estate Planning—The High Price of Not Talking
Ian M. Hull, C.S. and Suzana Popovic-Montag
Planning for Facilitated Family Meetings
Julie A. Morton, Ph.D.
Approaches to Drafting Powers of Attorney—is Boilerplate Enough?
Margaret R. O’Sullivan
Representing the Older Client (Capable or Not) in Guardianship Disputes
D’Arcy J. Hiltz
Mediation and Other Strategies to Negotiate a Resolution
Brian A. Schnurr, C.S.
Table of Cases
Index
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Canadian Family Law, Fourth edition
Canadian Family Law provides expert insight into a wide variety of legal issues that confront Canadian families today.
The fourth edition of Canadian Family Law, current to 1 March 2011, contains commentary on new cases decided since the publication of the third edition in October 2008. Also, there are new sections treating the diversity of family structures, post-separation income, increase in spousal support after divorce, the treatment of stepchildren and adult children under the With Child Support Formula, religious upbringing of the child, and high conflict–parental alienation.
The book will be of particular interest to judges, legal practitioners, mediators, arbitrators and other professionals who require an understanding of the law related to families. It also provides a unique source of information for law students and their professors.
Summary Table of Contents
Preface
Acknowledgments
CHAPTER 1: Family Structures and Canadian Family Law
CHAPTER 2: Marriage
CHAPTER 3: Cohabitational Relationships
CHAPTER 4: Domestic Contracts
CHAPTER 5: Family Violence
CHAPTER 6: The Crises of Marriage Breakdown and Processes for Dealing with Them
CHAPTER 7: Divorce: Jurisdiction; Foreign Divorces; Ground for Divorce; Bars
CHAPTER 8: Spousal Support on or after Divorce
CHAPTER 9: Child Support on or after Divorce
CHAPTER 10: Parenting Arrangements after Divorce
CHAPTER 11: Remedies Available under Provincial and Territorial Legislation
CHAPTER 12: Matrimonial Property Rights
Table of Cases
Index
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The Law of Evidence, 6th edition
Paciocco and Stuesser’s Law of Evidence, now in its sixth edition, is the most versatile text available on the Canadian law of evidence. The text has been cited and relied upon hundreds of times by courts of all levels across Canada, in both civil and criminal cases. It has also been adapted by the National Judicial Institute for their electronic bench book for trial judges. The new sixth edition carries on the practice in earlier editions of using new appellate level authorities to illustrate the law. Since publication of the fifth edition, the Supreme Court of Canada issued decisions in R. v. Grant and R. v. Harrison which represent a large-scale revision of its section 24(2) jurisprudence. As a result, Chapter 9 of this edition has been thoroughly rewritten in order to fully explore the impact of Grant and Harrison on the discretion to exclude evidence to preserve the fairness of a trial, in the absence of a Charter violation.
Summary Table of Contents
Foreword
Preface
CHAPTER 1: Introduction
CHAPTER 2: The Basics of Admissibility and the Evaluation of Evidence
CHAPTER 3: Character Evidence: Primary Materiality
CHAPTER 4: Hearsay
CHAPTER 5: Hearsay Exceptions
CHAPTER 6: Opinion and Expert Evidence
CHAPTER 7: Privilege
CHAPTER 8: Self-incrimination
CHAPTER 9: Improperly Obtained Evidence
CHAPTER 10: Methods of Presenting Evidence
CHAPTER 11: Secondary Materiality and Your Own Witness
CHAPTER 12: Rules Relating to the Use of Admissible Evidence
CHAPTER 13: Conclusions
Table of Canadian Evidence Acts
Table of Cases
Index
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Children and the Law
This collection of essays addresses some of the most important and challenging issues related to the legal status of children, and the volume makes an important contribution to the growing but still small Canadian literature on children’s rights. These essays are being published together to honour the scholarship of Nicholas Bala, professor of law at Queen’s University whose contribution to our understanding of the law as it relates to children and youth in Canada is unequalled.
CONTENTS
Preface
Introduction: Paradoxes of Children’s Rights
Nicholas Bala
Part One
1 The Children’s Trilogy: The Best Interests of the Child Principle and the Principles of Fundamental Justice
Mark Carter
2 Children’s Rights and Health Law: The “Mature Minor” Rule Revisited
Gerald B. Robertson, QC
3 Nowhere to Stand: Correction by Force in the Supreme Court of Canada
Anne McGillivray
4 The Child Witness Project: Examining the Assessment of the Competence of Child Witnesses
Victoria Talwar, Rod Lindsay, and Kang Lee
5 Factors Influencing the Eyewitness Identification Accuracy of Child Witnesses
Natalie Kalmet, Rod Lindsay, Michelle I. Bertrand, and Jamal K. Mansour
Part Two
6 The Changing Face of Youth Corrections
Carla Cesaroni
7 The Last Chance Sanction in Youth Court: The Deferred Custody and Supervision Order
Peter J. Carrington and Julian V. Roberts
8 The Youth Criminal Defence Office: A Model Approach to the Right to Counsel
Cathy Lane Goodfellow, QC
9 Understanding the Principled Arguments for Criminalizing Misbehaviour by Youths under Twelve
Anthony N. Doob and Jane B. Sprott
Part Three
10 Judicial Interviews of Children in Custody and Access Cases
Dan L. Goldberg
11 Speaking for Themselves: A Pilot Program Balancing Children’s Rights and Best Interests in High-Conflict Families
Dale Hensley, QC and Jean Dunbar
12 An Evaluation of Alberta’s Family Law Act
Leslie D. MacRae, Shane D. Simpson, Joanne J. Paetsch, Lorne D. Bertrand, Sheryl Pearson, and Joseph P. Hornick
13 No Presumptions: Joint Custody in the British Columbia Court of Appeal
Susan B. Boyd
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Law of Torts, 4th edition
The Law of Torts by Philip Osborne is an indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, the social policies underlying the law, and current trends in judicial decision-making. The book reviews the foundations, characteristics, and objectives of tort law generally with specific discussion of the central concepts of negligence, intentional torts, strict liability and vicarious liability, nuisance, and defamation. It provides insightful analysis of the relationships between tort law and other branches of private law, including contract law and restitution, and public law, particularly the Charter of Rights and Freedoms.
The fourth edition includes new sections dealing with negligent investigations, malicious prosecution and Crown prosecutors, responsible communication on a matter of public interest, reportage, and cyber-defamation. The Canadian law of torts is described as it was on 1 January 2011.
Summary Table of Contents
Preface to the first edition
Preface to this edition
Chapter 1: Introduction
Chapter 2: Negligence: Basic Principles
Chapter 3: Special Topics in Negligence
Chapter 4: Intentional Torts
Chapter 5: Strict Liability
Chapter 6: Nuisance
Chapter 7: Defamation
Chapter 8: Relationships
Conclusion: The Canadian Law of Torts in the Twenty-First Century
Glossary
Table of Cases
Index
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Intellectual Property Law: Copyright, Patents, Trade-Marks, second edition
Since the publication of the first edition in 1997, David Vaver’s Intellectual Property Law: Copyright, Patents, Trade-Marks has become one of the most important treatises on the subject in Canada. It has been relied upon by scholars, practitioners, policy analysts and students alike, as well as those who use or rely on intellectual property, and has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada. Now, nearly fifteen years later, Professor Vaver has produced a new and greatly-expanded edition that not only takes account of developments that have occurred in domestic and international law, but also provides an in-depth and engaging discussion of the profound changes in the social, economic, and technological environments in which intellectual property law operates.
Summary Table of Contents
Foreword by Hon. Justice Marshall Rothstein
Preface
CHAPTER 1: Intellectual Property: An Overview
CHAPTER 2: Copyright
CHAPTER 3: Patents
CHAPTER 4: Trade-marks
CHAPTER 5: Management and Enforcement
CHAPTER 6: Conclusion
Glossary
Table of Cases
Index
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Labour and Employment Law: Cases, Materials, and Commentary, 8th ed.
Since the publication of the first edition in 1970, Labour and Employment Law: Cases, Materials, and Commentary has become the standard resource for labour and employment law courses across Canada. Prepared by a national group of academics--the Labour Law Casebook Group--the book has continued to evolve with each new edition, reflecting the considerable changes that have occurred in the Canadian workplace and the laws that governs it.
Over the past number of years, the prominence of jurisprudence based on the Charter of Rights and Freedoms has increased across the spectrum of worker-employer and union-employer relations. In recognition of this trend, all substantial discussion of Charter issues has now been consolidated in a new Chapter 11, entitled “The Constitutionalization of Collective Bargaining Law.” This is the most important structural change in the new edition.
Most of the other changes in the eighth edition have been made in response to many developments in labour and employment law that have occurred since publication of the seventh edition in 2004. They are designed to help students assess both the current and longer-term importance of these trends. New cases and other source material have been added, and material that appeared in previous editions has in many instances been adapted. The result is a comprehensive and thoroughly up-to-date volume that benefits from over 40 years of use in law schools across the country, while at the same time taking advantage of cutting-edge scholarship in assessing issues of contemporary concern.
Summary Table of Contents
CHAPTER 1: Introduction
CHAPTER 2: The Contract of Employment
CHAPTER 3: Status under Collective Bargaining Legislation
CHAPTER 4: The Right to Join a Union
CHAPTER 5: The Acquisition and Termination of Bargaining Rights
CHAPTER 6: Negotiating a Collective Agreement
CHAPTER 7: Industrial Conflict
CHAPTER 8: The Collective Agreement and Arbitration
CHAPTER 9: The Individual Employee under Collective Bargaining
CHAPTER 10: The Trade Union and its Members
CHAPTER 11: The Constitutionalization of Collective Bargaining Law
CHAPTER 12: Statutory Minimum Standards
CHAPTER 13: Equality and Human Rights in Employment
CHAPTER 14: Labour and Employment Law in the New Economy
Table of Cases
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