Essentials of Canadian Law - Böcker

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.

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.

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.

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.