Essentials of Canadian Law – serie

The fifth edition of The Law of Partnerships and Corporations provides an updated review of the law governing the most common forms of business organizations in Canada: the sole proprietorship, the partnership, and the corporation. This substantially revised text is as an approachable and applicable reference for law and business students, lawyers, accountants, and others concerned with understanding business organizations. Professor J. Anthony VanDuzer explains how organizations are formed and the relationships between business stakeholders – including its owners, managers, customers, creditors, tort victims, and the public – and how the law provides an organizational structure for those relationships. In this updated edition, emphasis is placed on the practical application of legal rules in an everyday context and the role that lawyers play in advising their business clients. The text is fully updated to reflect developments in case law and statutory reforms and cites dozens of new cases. The chapters on corporate governance and corporate social responsibility have also been significantly revised to reflect changes in how businesses are responding to environmental, social, and governance issues.The Law of Partnerships and Corporations is a comprehensive introduction to law and practice that has been cited more than fifty times by Canadian courts and frequently in academic writing on corporate law.

Data and access to information have come to define the modern age. In our relationships with every part of government, with companies that provide goods and services, and with other members of society, accessing information and controlling who has access to it plays an important role, promoting a range of different rights and interests.Information and Privacy Law in Canada explores how individuals can access information held by public bodies, what governments and other organizations can do with information about individuals, and how the public can use the courts or other mechanisms to hold others accountable when they violate privacy or misuse personal information. Legal expert Barbara von Tigerstrom examines privacy as a multifaceted concept that includes control over information about individuals, but also the protection of identities, personal space, and even bodies from unwanted scrutiny and interference. Information and privacy law is a broad and varied field that includes principles and remedies in the common law and civil law, as well as many federal, provincial, and territorial statutes and regulations. And increasingly, Canadian law in this field has been influenced by developments in other parts of the world.Information and Privacy Law in Canada provides a comprehensive introduction to this important and dynamic area of the law, to help readers gain a solid understanding of its primary elements and serve as a foundation for further investigation.

Competition law seeks to promote the proper functioning of markets, in order to deliver benefits to consumers such as lower prices, choice, and innovative products. This is achieved through provisions in the Competition Act addressing price fixing, mergers which may prevent or lessen competition, and dominant firm practices which exclude competitors or create barriers to entry. The second edition of the award-winning Canadian Competition Law and Policy provides a succinct, up-to-date, and accessible analysis of the Competition Act scheme, jurisprudence, and enforcement guidance issued by the Competition Bureau. It uses extensive case examples to illuminate concepts and legal tests and reflects recent writing and developments in the area. The book also provides legislative context and history and an approachable outline of key economic concepts. The second edition also touches on emerging topics like the conduct of dominant firms in digital and data-driven markets and the strengthened rules governing the review of mergers. The three rounds of amendments between 2022 and 2024, examined in the second edition, also include a reformed test governing the behaviour of dominant firms and an expanded private enforcement regime permitting the recovery of benefits derived from anti-competitive conduct. These developments, discussed in the book, make its publication very timely, as consumers, businesspeople, legal practitioners, and policymakers alike evaluate how these changes will affect the landscape of competition law in Canada in coming years.

Since the publication of its first edition in 1997, David Vaver's Intellectual Property Law: Copyright, Patents, Trademarks has become one of the most important treatises on the subject in Canada. It has been relied upon by scholars, practitioners, students, and policy analysts alike, as well as those who use or rely on intellectual property daily, and has been cited as a leading authority by all levels of courts, including the Supreme Court of Canada.In this most recent expanded edition, Intellectual Property continues its tradition of providing an up-to-date critical, comprehensive, comparative, and authoritative discussion of the law relating to copyright, patents, and trademarks in Canada. It is designed to be easily accessible to anyone with an interest in the cultural and innovation sectors of the economy – whether a lawyer, judge, student, author, inventor, or simply a member of the public. Previous editions have been very well received and are widely regarded as essential reading for the judiciary, legal professionals, academics, and students of law and business.

Now in its fifth edition, this foundational textbook provides an overview of the rules of criminal procedure, from the preliminary issue of its sources to the rules governing appeals.Legal expert Steve Coughlan provides an in-depth discussion of police powers, with a major focus on the ever-expanding domain of search and seizure, as well as consideration of general warrants, powers of detention, arrest, and other methods of compelling appearance. The consideration of the pre-trial process looks at changes around preliminary inquiries, the most recent case law on issues of disclosure and production, and the state of flux the law continues to be in around jury selection. The chapter on the trial process includes discussion of the rules around information and indictments, pleas, and trial procedures such as addresses by counsel, publication bans, jury deliberations, and a trial judge’s case management power. Finally, the many issues arising on appeals are considered, including appeals by both the Crown and the accused, with discussion of the various grounds and the curative proviso.Ensuring a complete understanding of all aspects of the Canadian criminal process, this book will be of great relevance for students, educators, practitioners, and judges alike.

Cruel and Unusual presents an overview of and critical discussion surrounding the judicial interpretation of section 12 of the Canadian Charter of Rights and Freedoms. This book explains the various components of section 12 of the Charter including the judicial development and application of the terms "punishment," "treatment," and "cruel and unusual." It provides a rigorous discussion of the remedies available upon proving that the state imposed "cruel and unusual" consequences, as well as whether any law mandating such a draconian-sounding consequence may be justified under section 1 of the Charter. Law professor Colton Fehr also puts forward various reform recommendations and criticisms of current doctrine. He contends that the judicial development of section 12 and its methodology for proving an infringement provide a principled framework upon which to consider a variety of issues that are sure to come before the courts including the consideration of the constitutionality of various minimum sentences and other methods of treatment used in Canadian prisons. Written in a concise and accessible manner, Cruel and Unusual is tailored to both law students seeking to develop an understanding of this complex area of law and jurists seeking to apply and develop this important constitutional right.

Statutory Interpretation provides a clear and authoritative account of how legislation is interpreted and applied in Canada. Grounded in constitutional principles, including the rule of law, democracy, and constitutional supremacy, it traces the evolution of interpretive methodology as developed by the courts and synthesized in Elmer Driedger’s Modern Principle of Interpretation.Legal experts Ruth Sullivan and John Mark Keyes explain how contemporary statutory interpretation hinges on three interrelated aspects of legislation: text, context, and purpose. The book draws attention to these three aspects – exploring in detail how each of these shapes legislative meaning – and integrates recent jurisprudence, particularly that of the Supreme Court of Canada. This updated edition retains the strengths of earlier editions while introducing a revised structure reorganized around the three core dimensions of interpretive analysis so that readers can see how they operate in practice and how they work together in the interpretation of statutes and other legislation.Frequently cited by Canadian courts and tribunals, the fourth edition of this essential legal text provides an authoritative and up-to-date account of the methodology for interpreting legislation in Canada.

As international society has globalized, so too has crime. Both countries and the collective international community have struggled to deal with criminal activity that has global proportions and effects – from international crimes like genocide and war crimes to transnational crimes like terrorism and trafficking. The systems of law designed to suppress these crimes are complex and often poorly understood; thus, this book brings together a concise and lucid explication and analysis of international and transnational criminal law.A collaboration between leading legal scholars Robert J. Currie, Gillian MacNeil, and Justin J. Mohammed, this book is designed to help those who work in criminal law and international law respectively speak the legal language of the other, and to provide accessible explanations of the legal tools and doctrines. It highlights the work of international courts, the use of treaties, and the investigational techniques that operate in this area, but its focus on Canada makes it an invaluable resource for Canadian lawyers, judges, researchers, students and law enforcement personnel. This updated and revised 4th edition builds on the success of earlier editions, which have been cited by the Supreme Court of Canada and other Canadian courts, in providing up-to-date accounts of international developments, Canadian case law and practice, and relevant literature.

The Law of Property offers a clear and authoritative introduction to property law for law students and practitioners across all Canadian common-law jurisdictions. Citing relevant cases and statutes from all common-law provinces and territories, the book covers a wide range of topics: from foundational subjects such as estates, Aboriginal title, co-ownership, mortgages, and easements, to more advanced areas including personal property security, equity and trusts, and wills and estates. This second edition incorporates relevant legal developments from the past five years and introduces a new chapter on information law, covering intellectual property, confidential information, and digital assets such as cryptocurrencies to reflect the evolving landscape of property in the digital age.Comprehensive yet approachable, The Law of Property guides readers through both the broad contours of the subject and its finer details, providing the clarity and depth needed to navigate Canadian property law with confidence.

Legal Research and Writing, 5th Edition is a comprehensive and practical guide to mastering the core skills of legal research and effective legal writing in Canada. Bringing together a wealth of material in a single, accessible resource, it equips readers to navigate both traditional print sources and today’s rapidly evolving digital research environment with confidence, accuracy, and efficiency. The book features in-depth chapters on research and writing malpractice, the acquisition and evaluation of research resources, international and foreign legal research, and knowledge management in legal settings. Lawyer Ted Tjaden addresses essential topics such as legal citation, recovering online research costs, advanced search strategies for major proprietary databases, the digitization of legal materials, and the expanding landscape of free online legal resources. A curated list of leading Canadian legal treatises across forty-eight subject areas offers an invaluable reference. New to this edition is a forward-looking chapter on artificial intelligence, examining how AI tools are reshaping legal research and writing while offering practical guidance on their responsible and ethical use. Written for a broad audience – from experienced practitioners seeking to refine their techniques and adopt new tools, to law students encountering an overwhelming volume of information for the first time – this edition combines foundational principles with current developments in legal practice.

The law of trusts can be seen as arcane. But it remains an essential tool assisting in the navigation of complicated legal issues. Now in its fourth edition, The Law of Trusts is the foundational sourcebook in the area, and this new edition features extensive updates, references, and examples.Trust law is complex – but it is an enormously useful implement in a wide variety of situations, including wills and estates, family law, commercial law, and pension law. This book has distilled centuries of law into readable prose that provides a framework for understanding trust law and the principles on which it rests. Legal experts Eileen E. Gillese and Yan Campagnolo include up-to-date references to key Canadian appellate decisions and provide a comprehensive introduction to the Quebec civil law of trusts for comparative purposes. Through the use of examples, they invite readers to explore the detailed underlying considerations of issues and demonstrate the continued significance of the law for personal and business use even today. Accessible and authoritative, this book brings the law to life, depicts its relevance, and provides the reader with a compelling research tool.

Shortlisted for the 2000 Walter Owen Book Prize in its first edition, this revised and updated third edition of Legal Ethics and Professional Responsibility offers a contemporary perspective on an increasingly important topic in today's rapidly evolving legal landscape.The importance of ethical behaviour and professional responsibility has long been something lawyers have insisted is a hallmark of their chosen profession. However, many lawyers would argue that a discussion of these matters is necessary only when considering isolated and occasional cases of aberrant behaviour. Legal experts Allan Hutchinson and Emanuel Tucsa make a convincing case that this view no longer serves the profession well. They argue that the profound changes in the way in which law is practised and the demographic shifts among those who practise it, demand a new and systematic approach to the subject – one that stresses personal responsibility over professional regulation.The third edition contains significant discussion and analysis of the FLSC Model Code. This book is both an accessible introduction to legal ethics and professional responsibility for students of law and a provocative call to arms for the profession as a whole.

Mergers, Acquisitions, and Other Changes of Corporate Control offers a succinct and clear discussion of the principal laws and regulations governing mergers and acquisitions in Canada, focusing in particular on transactions involving publicly traded corporations. The text draws on a collection of legal principles and regulations relevant to mergers and acquisitions in Canada, including Canadian corporate and securities law and policy. Leading legal scholar Christopher C. Nicholls, and leading practitioner Rob Nicholls offer an accessible guide to the complex pastiche of legislation, regulation, and administrative and judicial decision-making in the field of mergers and acquisitions law that has developed over time from both domestic and international precedents. This fourth edition considers recent changes to the Competition Act and the Investment Canada Act as well as important developments in the law relating to poison pills and other defensive tactics since the significant changes to the Canadian take-over bid regime introduced by National Instrument 62-104. This authoritative book is a vital guide for students, practising lawyers, and business and finance professionals, and features up-to-date cases, statutes, and insights.

A definitive guide to Canadian criminal law, now in its ninth edition, this book is authored by renowned criminal law expert and professor Kent Roach. It is frequently cited by courts including the Supreme Court of Canada.The book examines the general principles of criminal law including the prohibited act, fault requirements, inchoate and accessory liability. It also examines defences to crime, sentencing, and trends in criminal justice. The book is written in a clear, accessible style with a glossary so that it is valuable to a wide range of readers including those who are not lawyers or law students. It provides an overview chapter that describes the various parts of criminal law as well as a concluding chapter on trends in criminal justice. Further chapters detail the impact of the Charter and other parts of the Constitution on criminal law, and examine regulatory and corporate crime, and homicide, sexual, property, and terrorism offences, as well as sentencing. This edition of the book analyses important new decisions such as Bykovets, Campbell, and Singer on search and seizure, Ramelson on entrapment, Sudbury on regulatory offences, Bharwani on mental disorder, and Hodgson on self-defence.Extensively updated, Kent Roach's Criminal Law is widely cited by all levels of courts including the Supreme Court of Canada and serves as a dynamic, up-to-date sourcebook for students and practitioners alike.

An invaluable resource for legal practitioners and students alike, the fourth edition of Remedies provides a rich and accessible entry point into the study of remedies in private law. The law of judicial remedies – including the law of damages – spans the entire field of substantive private law, encompassing contracts, torts, and property. A pragmatic understanding of remedies is essential for civil litigators: it offers critical insights into specific legal rules and arrangements.Remedies: The Law of Damages is a succinct, practical handbook for legal professionals and a rich resource for those studying judge-made law. This comprehensive work on Canadian law of damages focuses on remedial approaches and rationales for breaches of contract, tortious conduct, and interference with property interests. Extensively updated, this new edition highlights expanded coverage of personal injuries, compensation for harm to economic interests, and cases such as BC v Fraser Health Authority and Saadati v Moorhead, among others. Law professors Jamie Cassels and Elizabeth Adjin-Tettey offer original insights into the law of damages and propose future directions to ensure fairness and justice for parties within the legal system. Packed with authoritative commentary and practical guidance, the new edition of Remedies is an indispensable resource for practitioners, scholars, and students seeking clarity and depth in Canadian law of damages.

Globalization and the accelerating pace of technological change is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. In this new paradigm, conflict of laws, or private international law, becomes more important with each passing year. This is the third edition of a text originally published in 2010 that presents a thoughtful explanation and analysis of the rules of the conflict of laws in force in common law Canada in a clear and concise manner. Understanding the conflict of laws allows lawyers, judges, scholars, and students to better address any legal situation that crosses borders, whether international or interprovincial.For the third edition, the chapters dealing with taking and exercising jurisdiction have been rewritten to reflect the recent Supreme Court of Canada decisions in Lapointe Rosenstein Marchand Melançon LLP v Cassels Brock & Blackwell LLP, Douez v Facebook, Inc, and Haaretz.com v Goldhar. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship, and a new chapter on matrimonial property division has been added.

The scope of insolvency law is vast, impacting nearly every area of private law. Once insolvency proceedings are initiated, rights established in other legal fields can no longer be enforced through ordinary civil processes but must be addressed through specialized insolvency proceedings, often altering the nature of those rights. From the Canadian blood supply system and national airlines to the recovery of victims of mass torts, Bankruptcy and Insolvency Law illustrates how insolvency law influences the fate of individuals, businesses, and entire communities.The third edition offers an in-depth examination of the full spectrum of Canadian bankruptcy and insolvency systems, exploring their structure, objectives, and guiding principles. This edition provides an analysis of the most recent developments in insolvency law such as the new duty of good faith, reverse vesting orders, litigation funding, and the judicial power to make orders in national receivership proceedings. It also introduces a new chapter on the future of Canadian insolvency law, highlighting the challenges in the current system and the need for reform. Bankruptcy and Insolvency Law demonstrates how insolvency law shapes not only legal outcomes but also the very foundation of our economic and social systems.

This book covers all aspects of civil procedure and provides a pan-Canadian comparison of legislation and rules from various jurisdictions in an extensive yet accessible manner.

Competition law is centred on the idea that competitive markets can efficiently and effectively deliver the goods, services, and economic growth that society desires. It seeks to promote the proper functioning of markets in order to deliver such benefits as low prices, consumer choice, and innovative products. This is done through provisions such as criminal offences for price fixing and other anti-competitive agreements between competitors, through the review of mergers that may prevent or lessen competition, and through remedies against dominant firms that may exclude competitors or create barriers to entry. Competition laws have gained importance internationally in recent decades, and are now present in over 130 jurisdictions worldwide.  Canadian Competition Law and Policy provides a succinct and accessible analysis of the Competition Act and related legislation, regulations, enforcement guidelines, and other guidance issued by the Competition Bureau. The discussion provides extensive case examples drawn from Canadian, American, European, and other competition law authorities to lluminate concepts and legal tests. The book seeks to offer students, lawyers, and others interested in the subject a practical guide to the context, objectives, and evolution of the Canadian competition law scheme by providing  an overview of the jurisprudential and legislative history;  an approachable outline of key economic concepts; and  a review of methods and approaches applied by economists and lawyers to the analysis of competition law problems.  While this book is focused on the law, the discussion also touches on topics related to the broader subject of competition policy, which deals with such matters as how competition legislation is designed and implemented, and its interplay with regulatory and other government policies that may affect the competitive market.  An emerging issue in this respect is the conduct of dominant firms in digital and data-driven markets, and the extent to which competition law is equipped to address this conduct or may need to adapt or change to do so. Canadian Competition Law and Policy addresses other fascinating and challenging examples of industry structures (such as oligopolistic markets) and market conduct (such as tied selling and predatory pricing) that require a blend of business, economics, law and related disciplines for their analysis.

The eighth edition of The Charter of Rights and Freedoms provides an accessible yet thorough account of the constitutional protection and practical application of rights under the Canadian Charter.Charter rights are in a state of constant evolution, and renowned legal experts Robert J. Sharpe and Kent Roach help readers navigate these changes with clarity and insight. This new edition considers the current debate on the use of the s. 33 Notwithstanding Clause and examines the impact of approximately 60 new decisions from the Supreme Court of Canada. These cases dealt with a wide range of subjects including freedom of expression, democratic rights, the use of unwritten constitutional principles, the s. 7 right to life liberty and security of the person and the overbreadth doctrine. Many new cases deal with the rights of accused persons in the criminal process, as well as the right to equality. Important recent developments to the rights of Indigenous peoples and principles of self-governance are also examined. In addition to case-law development, the authors take account of the steady stream of scholarly writing that has emerged.This textbook provides a fundamental guide to navigating the Charter for practitioners, professors, students, and all those interested in understanding the foundations of law in Canada.