Western Law

Faculty Books

The Right Relationship cover

The Right Relationship: Reimagining the Implementation of Historical Treaties

Michael Coyle and John Borrows

The relationship between Canada’s Indigenous peoples and the Canadian government is one that has increasingly come to the fore. Numerous tragic incidents and a legacy of historical negligence combined with more vehement calls for action is forcing a reconsideration of the relationship between the federal government and Indigenous nations.

In The Right Relationship, John Borrows and Michael Coyle bring together a group of renowned scholars, both indigenous and non-indigenous, to cast light on the magnitude of the challenges Canadians face in seeking a consensus on the nature of treaty partnership in the twenty-first century. The diverse perspectives offered in this volume examine how Indigenous people’s own legal and policy frameworks can be used to develop healthier attitudes between First Peoples and settler governments in Canada. While considering the existing law of Aboriginal and treaty rights, the contributors imagine what these relationships might look like if those involved pursued our highest aspirations as Canadians and Indigenous peoples. This timely and authoritative volume provides answers that will help pave the way toward good governance for all.

The book, published by University of Toronto Press, grew out of two national conferences funded by a grant awarded to Professor Coyle from the Social Sciences & Humanities Research Council of Canada.

“This wide-reaching collection of essays represents leading-edge scholarship on the central issue of how we, in modern Canada, can give life and voice to historical treaties in a manner that can be justified by law, philosophy, and moral reasoning,” said Douglas Sanderson, Professor of Law at the University of Toronto.

Conflict of Laws

Conflict of Laws, second edition

Stephen G.A. Pitel and Nicholas S. Rafferty

Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year. Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Stephen Pitel and Nicholas Rafferty have written a highly readable and thoughtful treatise that explains and analyzes 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 second edition, the chapter on jurisdiction has been rewritten in light of the Supreme Court of Canada’s decision in Club Resorts Ltd v Van Breda (2012) and the evolving jurisprudence under the Court Jurisdiction and Proceedings Transfer Act. In addition, a new chapter on matrimonial property division has been added. All chapters have been updated to reflect new decisions, legislative changes, and recent scholarship.

Private International Law in Common Law Canada: Cases, Text and Materials, 4th Edition

Private International Law in Common Law Canada: Cases, Text and Materials, 4th Edition - A comprehensive update to the only casebook of its kind.

Stephen G.A. Pitel, Joost Blom, Elizabeth Edinger, Geneviève Saumier, Janet Walker, Catherine Walsh

The fourth edition of Private International Law in Common Law Canada: Cases, Text and Materials is at the printer. This edition investigates the historical and theoretical underpinnings of private international law, and continues to be the only casebook to examine all traditional conflict-of-law issues. It includes:

  • Updated analysis of private law’s constitutional implications and its intersections with public policy
  • Coverage of leading recent developments in cross-border family law concerning same-sex marriages and divorces, polygamous marriages, and surrogacy
  • Detailed, comprehensive, and updated references to the leading jurisprudence, legislation, and scholarship with comparisons to other legal systems in Quebec, the European Union, and the United States
Misfeasance

Misfeasance in a Public Office provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords' decision in Three Rivers v. Governor and Company of the Bank of England (No 3) (2001) and the Supreme Court of Canada's decision in Odhavji Estate v. Woodhouse (2003), misfeasance has been pleaded with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarifies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state.

International Law

Professor Valerie Oosterveld, along with Professors John Currie and Craig Forcese (Ottawa) and Joanna Harrington (Alberta) have published the second edition of International Law: Doctrine, Practice, and Theory (Irwin Law). This text, used in law schools across Canada, is an innovative and unique volume which crosses the traditional boundaries between textbook, casebook, and scholarly monograph. The book is designed primarily as an introduction to the system and substance of international law. It is also a convenient and comprehensive reference work on the most important aspects of this burgeoning field. The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials — including treaties, UN documents, and cases — take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion. The first edition of this text was cited by the Supreme Court of Canada in Amartunga v. Northwest Atlantic Fisheries Organization (2013).

Cases and Materials on the Law of Torts, 9th Edition

Cases and Materials on the Law of Torts, 9th Edition By: Robert M. SolomonMitchell McInnesErika ChamberlainStephen G.A. Pitel

Western Law's Robert Solomon, Erika Chamberlain and Stephen G.A. Pitel, with Mitchell McInnes of the University of Alberta, have written a new edition of Cases and Materials on the Law of Torts.  The ninth edition of this highly regarded casebook provides a detailed examination of every major area of Canadian tort law, drawing on case law from every province.  It features helpful explanatory introductions, concise extracts of key decisions, editorial passages, detailed notes and questions, and review problems.  The new edition addresses recent Supreme Court of Canada decisions on negligent misrepresentation, factual causation, nuisance, deceit and unlawful interference with economic relations (the unlawful means tort).  It contains expanded discussion of the tort of intrusion on seclusion (privacy), revised coverage of several of the intentional economic torts, and analysis of changes to the law on the defence of lawful authority.  A new feature is the increased attention paid to the possible impact of contemporary rights-based approaches to tort law.

Canadian_Bankruptcy_and_Insolvency_Law

Canadian Bankruptcy and Insolvency Law, Cases, Text and Materials, 3rd ed. (Toronto: Emond Montgomery, 2015) by Thomas Telfer, Anthony Duggan, Stephanie Ben-Ishai, Janis Sarra, Thomas Telfer, Roderick Wood

The print edition of Canadian Bankruptcy and Insolvency Law: Cases, Text, and Materials, 3rd Edition includes a PDF ebook. Look for your PIN code card inside the front cover.
 
Authored by leading experts from across the country, the third edition of Canadian Bankruptcy and Insolvency Law: Cases, Text, and Materials provides detailed and cutting edge commentary on all aspects of Canadian bankruptcy and insolvency law. The presentation of content fosters an appreciation for the intellectual, political, and practical importance of bankruptcy law, and the manner in which it permeates many aspects of modern corporate, commercial, and consumer law. In addition to providing students with an overview of the key issues in contemporary bankruptcy law, this casebook addresses the procedural aspects involved in different types of bankruptcy and insolvency proceedings, and their impact on debtors and creditors.

This edition of Canadian Bankruptcy and Insolvency Law: Cases, Text, and Materials has expanded in several areas to account for recent developments and elaborate upon particular subjects. It features new material on fraud, the objectives and outcomes of corporate restructuring proceedings, liquidations proceedings and asset sales under the CCAA, and developments following the enactment of the new BIA and CCAA cross-border insolvency provisions.

This casebook offers insight into the interplay of social, economic, and legal issues in the development of modern bankruptcy policy, and it is an invaluable resource for law students seeking to understand the actual operation of the Canadian bankruptcy system.

Insurance Contract Interpretation

Insurance Contract Interpretation co-authors Professor Craig Brown and Thomas J. Donnelly,Thomas Gold Pettinghill LLP, Carswell

This book is an essential requirement for anyone – whether a judge, lawyer, broker or adjuster – who reads and interprets insurance policies. Combining the practical with the theoretical, the book provides an essential guide for navigating through a policy. It starts with an examination of how insurance contracts are created and describes the different elements of an insurance policy. It then explains how policies should be read. Next it considers the law of evidence in the context of interpretation disputes. Finally (and centrally) the book examines the rules and principles of interpretation adopted by Canadian courts in a multitude of decisions, organized to facilitate ease of understanding and application to new cases. - See more at: http://www.carswell.com/product-detail/insurance-contract-interpretation/#sthash.smwbLUGZ.dpuf
Ruin and Redemption

Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919
By Thomas G.W. Telfer
Osgoode Society for Canadian Legal History
University of Toronto Press

In 1880 the federal Parliament of Canada repealed the Insolvent Act of 1875, leaving debtor-creditor matters to be regulated by the provinces. Almost forty years later, Parliament finally passed new bankruptcy legislation, recognizing that what was once considered a moral evil had become a commercial necessity. In Ruin and Redemption, Thomas GW Telfer analyses the ideas, interests, and institutions that shaped the evolution of Canadian bankruptcy law in this era. Examining the vigorous public debates over the idea of bankruptcy, Telfer argues that the law was shaped by conflict over the morality of release from debts and by the divergence of interests between local and distant creditors. Ruin and Redemption is the first full-length study of the origins of Canadian bankruptcy law, thus making it an important contribution to the study of Canada’s commercial law.

Administration of Income Tax

Administration of Income Tax; Professor Colin Campbell

The 2014 edition of Administration of Income Tax, is a comprehensive treatment of the law governing the administration of federal income tax in Canada (and provincial income taxes administered by the CRA under collection agreements).  It is written from a taxpayer's perspective and provides the framework for tax returns, payments, audits, assessments and reassessments, objections and appeals.

This desktop reference work includes a comprehensive Topical Index and a Table of Cases.  Also included is contact information for the Canada Revenue Agency (CRA), the Tax Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada, Limitations and Contingent dates under the Income Tax Act, Penalties and Offences tables, and Prescribed Interest Rates on Over/Underpaid Taxes.

Proportionality and the Rule of Law

Proportionality and the Rule of Law, Rights, Justification, Reasoning, Editors: Professor Grant Huscroft, Professor Brad Miller, Gregoire Webber, London School of Economics and Political Science

To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists – proponents and critics of proportionality – to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.

Judging Positivism

 Judging Positivism, Margaret Martin, Hart Publishing, Oxford

Judging Positivism' is a critical exploration of the method and substance of legal positivism. Margaret Martin is primarily concerned with the manner in which theorists who adopt the dominant positivist paradigm ask a limited set of questions and offer an equally limited set of answers, artificially circumscribing the field of legal philosophy in the process. The book focuses primarily but not exclusively on the writings of prominent legal positivist, Joseph Raz. Martin argues that Raz's theory has changed over time and that these changes have led to deep inconsistencies and incoherencies in his account. One re-occurring theme in the book is that Razian positivism collapses from within. In the process of defending his own position, Raz is led to support the views of many of his main rivals, namely, Ronald Dworkin, the legal realists and the normative positivists. The internal collapse of Razian positivism proves to be instructive. Promising paths of inquiry come into view and questions that have been suppressed or marginalised by positivists re-emerge ready for curious minds to reflect on anew. The broader vision of jurisprudential inquiry defended in this book re-connects philosophy with the work of practitioners and the worries of law's subjects, bringing into focus the relevance of legal philosophy for lawyers and laymen alike. 

Introduction to Canadian Insurance Law

 Introduction to Canadian Insurance Law - Co-authors, Professor Craig Brown and Andrew Mercer, Thomas Gold Pettinghill LLP, Third Edition

This introductory text offers a succinct overview of the basic principles of Canadian insurance law. It guides the reader through the complexities of contracting for insurance and provides a practical framework for analyzing the types of insurance law problems that frequently arise. Updated to account for recent case law and legislation, the book also features a new chapter explaining how the legal framework differs for several classes of insurance.  This practically oriented text is a must-have for law students, insurance lawyers and non-legal professionals engaged in insurance-related fields.

Canadian Intellectual Property Law

 Canadian Intellectual Property Law: Cases and Materials - Co-Authors Professor Margaret Ann Wilkinsinson, Gregory Hagen (Calgary), Cameron Hutchison (Alberta), David Lametti (McGill), Graham Reynolds (UBC) and Teresa Scassa (Ottawa) – Emond Montgomery publisher.

Canadian courts and Parliament are seeing unprecedented activity in the area of intellectual property (IP) law. An overhaul of the Copyright Act, proposed new legislative enforcement mechanisms for copyrights and trademarks, and recent rulings from the Supreme Court all challenge the core doctrines underlying IP law.

It is within this context that we offer our new casebook Canadian Intellectual Property Law: Cases and Materials. This collective work by six Canadian intellectual property scholars covers the core areas of IP law including copyright, patents, trade-marks, industrial designs, passing off, and confidentiality.

The underlying purpose of this casebook is to not only analyze the fundamentals of Canadian IP law, but also to prepare students to engage in debates of policy and principle. Carefully chosen illustrative case excerpts drawn from Canada and abroad are presented alongside relevant legislation and clarifying commentary. Questions posed throughout the text challenge students to test their understanding of the content and consider the ramifications of the material presented.

Canadian Intellectual Property Law: Cases and Materials is the product of highly experienced instructors and academics presenting key foundational concepts required for an understanding of intellectual property in Canada.

Tort Law: Challenging Orthodoxy Cover

Tort Law: Challenging Orthodoxy, Edited by Stephen GA Pitel, Jason W Neyers and Erika Chamberlain

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability.

The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Hovius on Family Law

Hovius on Family Law: Cases, Notes and Materials by Prof. Berend Hovius and Mary-Jo Maur.

The 8th Edition of this work is a comprehensive, well-thought out collection of cases, commentary, digests, notes and questions dealing with the key areas of family law. It is intended as the fundamental text for introductory courses in family law, but, as with previous editions, it is also a useful initial research source for practitioners.

This book provides up-to-date coverage of the main building blocks of every family law course, including the law of property for both married and unmarried cohabitants, spousal support, child support, custody and access, and domestic agreements. It has coverage of emerging aspects of family law as well, such as evolving concepts of parentage, judicial interviews in custody and access cases, the impact of domestic violence on family law outcomes, and statistical trends that affect major family law areas.

The 8th edition includes:

  • An expanded and revised property chapter, that deals in depth with unjust enrichment and constructive trust claims
  • Broadened discussion of spousal support, including a detailed analysis of entitlement
  • Concise digests at the beginning of each chapter, summarizing the topics covered
  • A new chapter covering evolving concepts of parentage
  • Useful descriptions of the procedures followed in the practice of family law
  • More detailed consideration of issues involving
Corporate Finance and Canadian Law, 2nd Edition

Corporate Finance and Canadian Law, 2nd Edition (Carswell 2013) by Chris Nicholls

This book, now in its second edition, fully covers the framework within which corporate finance deals are done in Canada. The discussion of the law relating to financing practices, financial instruments and financial institutions are integrated with a consideration of some of the topics that comprise modern finance theory.   New financial technologies, originally heralded as a breakthrough in risk management technology, have introduced complex new financial system risks and new legal and regulatory challenges. The international financial crisis that began in the U.S. subprime mortgage market in 2007, for example, is importantly linked to at least two of the innovative financial techniques discussed in this book: securitization and credit default swaps. Other topics include:  
  • The role of auditors and accountants and the introduction of International Financial Reporting Standards for Canadian public companies
  • Basic but important concepts such as NPV (Net Present Value), IRR (Internal Rate of Return) and simple bond and share valuation
  • The public offering process
  • A review of Canada's developing law of mergers and acquisitions
  • Financial derivatives and the changing international derivatives regulatory framework
  • The role of Canadian financial institutions
  • The evolving nature and role of securities exchanges

The ongoing development of financial techniques presents almost limitless opportunity for creative lawyering. Let this introduction to corporate finance principles help you get a competitive edge in the practice of corporate finance law.

The Interface of International Trade Law and Taxation

The Interface of International Trade Law and Taxation, by Jennifer Farrell

This book explores the ill-defined and oft-underestimated relationship between the World Trade Organization (WTO) and taxation. By adopting a two-pronged approach, the relationship is examined in terms of the extent to which the WTO legal framework exerts influence upon domestic tax law and international tax policy, and whether it is appropriate for the WTO to play a regulatory role in the field of taxation.

The book begins with an examination of the historical development of international trade law and international tax law, and demonstrates that these two separate areas of law are closely linked in terms of their underlying principles and historical evolution. The work then goes on to offer a doctrinal analysis of the tax content found in the WTO legal texts and highlights ambiguities therein.

It is argued that the WTO plays a crucial role in regulating taxation matters, but that the rules pertaining to taxation are often unmanageably ambiguous, which may result in unforeseen conflicts with domestic and international tax policy. Four recommendations are offered in this thesis to resolve this legal ambiguity: a reappraisal of the direct-indirect tax distinction, the clarification of legal texts, the establishment of a WTO Committee on Trade and Taxation, and the development of institutional linkages and dialogue between the WTO and the traditional international tax institutions.

Insurance Law in Canada

Insurance Law in Canada Eighth Student Edition, (Carswell 2013) by Craig Brown

Insurance Law in Canada, 8th Student Edition is the versatile resource that combines a scholarly treatment of the law of insurance with a practical examination of the issues arising in specific types of insurance practice.

It provides students with a principled approach to learning Canadian Insurance Law.  This special student edition comprises Volume 1 of Insurance Law in Canada, the comprehensive 2-volume looseleaf work by Professor Craig Brown.  The book covers the critical issues that define insurance law, including: the creation, termination and renewal of insurance contracts; non-disclosure issues and misrepresentation; subrogation; interpretation of policies; notice and proof of loss; limitation of actions; settlement of claims; waiver and estoppel; claims against multiple insurers; plus much more.

Personal and Corporate Insolvency

Personal and Corporate Insolvency Legislation: Guide and Commentary to the 2006 Amendments, (Wellington: LexisNexis, 2013) by David Brown and Tom Telfer, 2nd Edition

Personal and Corporate Insolvency Legislation:Guide and Commentary to the 2006 Amendments gives practitioners a pathfinder to the framework, concepts and key changes in the 2006 legislation and to more recent statutory amendments, explains and analyses key new case law.  The work includes the consolidated statutes in this portable volume of important legislation.

Political Ideologies and the Democratic Idea, 3rd Canadian Edition, By: Terence Ball, Richard Dagger, William Christian, Colin Campbell

Political Ideologies and the Democratic Ideal aims first to supply an informed and accessible overview of the major ideologies that shaped the political landscape of the twentieth century and now begin to give shape to that of the twenty-first; and, second, to show how these ideologies originated and how and why they have changed over time. The text provides the reader with a sense of the history, structure, supporting arguments, and internal complexities of the major modern "isms"–liberalism, conservatism, socialism, and fascism–as well as recently emerging ideologies, such as environmentalism. The Third Canadian Edition has improved pedagogical features such as learning objectives and social media references to make the text more accessible and engaging for students. It has also been updated to reflect new research and recent global changes.

Taxation of Corporate Reorganizations, 2nd Edition By: Davies Ward Phillips LLP, Colin Campbell, Raj Juneja, Paul Lamarre, Siobhan Monaghan

Taxation of Corporate Reorganizations provides a deep, comprehensive, applied approach to some of the most critical and problematic areas of corporate reorganization taxation encountered by tax practitioners. This in-depth, applied approach will enable practitioners involved in tax planning to easily research and apply the tax law and requirements applicable to corporate reorganizations to their work.

Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act

Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act By: Vaughan Black, Stephen G.A. Pitel, Michael Sobkin

The Court Jurisdiction and Proceedings Transfer Act puts the important topic of the jurisdiction of Canadian provincial courts in civil and commercial cases on a clearer statutory footing. It is in force in British Columbia, Saskatchewan and Nova Scotia. The approach to jurisdiction adopted under the CJPTA is different in several respects from the common law approach, and so provinces that have adopted it are undergoing a period of transition. One of the key issues for courts in applying the CJPTA is interpreting its provisions and explaining how they operate. Statutory Jurisdiction: An Analysis of the Court Jurisdiction and Proceedings Transfer Act examines the growing body of cases and provides a comprehensive account of how the CJPTA is being interpreted and applied by the courts.

Mergers, Acquisitions, and Other Changes of Corporate Control, Second edition

Mergers, Acquisitions, and Other Changes of Corporate Control, Second edition by Christopher C. Nicholls, March 2012

Global Justice

 

Global Justice and International Economic Law Opportunities and Prospects edited by Chios Carmody, Frank J. Garcia and John Linarelli

Knowledge

 

Knowledge Policy for the 21st Century: A Legal Perspective" by Mark Perry and Brian Fitzgerald, Irwin Law, December 2011

Originalism

 

Theories of Constitutional Interpretation edited by Prof. Grant Huscroft & Prof.Brad Miller

The essays in this volume, which includes contributions from the flag bearers of several competing schools of constitutional interpretation, provides an introduction to the development of originalist thought, showcases the great range of contemporary originalist constitutional scholarship, and situates competing schools of thought in dialogue with each other. They also make new contributions to the methodological and normative disputes between originalists and non-originalists, and among originalists themselves.

 

Cases and Materials on the Law of Torts 8th Edition

Prof. Robert Solomon, Prof. Mitchell McInnes, Prof. Erika Chamberlain & Prof. Stephen Pitel, Cases and Materials on the Law of Torts, 8th Edition, (Toronto: Carswell, 2011)

This highly regarded casebook provides a detailed examination of every major area of Canadian tort law, drawing on case law from every province. It features helpful explanatory introductions, concise extracts of key decisions, editorial passages, detailed notes and questions, and review problems.

Legal Ethics

Prof. Randal Graham,Legal Ethics: Theories, Cases and Professional Regulation, Second Edition (Emond Montgomery Publications)

 

Law of Torts

For 20 years Canadian practitioners have relied on The Law of Torts in Canada as the definitive source of expert insight on tort law. Now renowned legal scholar Gerald Fridman collaborates with a distinguished author team from the Faculty of Law at the University of Western Ontario to bring you the Third Edition of this classic resource.

Insurance Law

Insurance Law In Canada (Seventh Student Edition) by Prof. Craig Brown

Examines the common law principles and statutory provisions applicable to general indemnity insurance across Canada. The formation and construction of insurance contracts, the doctrines of agency law, the need for an insurable interest, the problems of causation, the proving and disposal of claims, waiver and estoppel by insurers and the right of subrogation are given detailed coverage. The specific issues concerning automobile insurance, fire insurance and property insurance receive individual attention in separate chapters.

Is_Our_House_in_Order

Is Our House in Order? by Professor Chi Carmody

"Canadians like to think that their country is law-abiding and honours its international commitments. Is Our House in Order? explores this public perception while considering whether or not it is correct in terms of domestic law.
Examining a range of topics such as treaty implementation, federal-provincial relations, the environment, international humanitarian law, and the protection of confidential information, contributors disentangle the complex processes involved in implementing international law in Canadian law. They highlight how the federal negotiation and ratification process has been opened up to the public, what is being done to give effect to custom in domestic law, and offer suggestions for improving the harmonization of international law implemented at the federal and provincial level. 
Informative and clarifying, Is Our House in Order? provides well-reasoned prescriptions for improving Canada's implementation of international law and makes a case for thinking about international law as an integral part of Canadian law and society."

Genealogy

Irwin Law is pleased to announce the publication of Conflict of Laws by Stephen Pitel and Nicholas Rafferty. This new addition to the Essentials of Canadian Law series could not be more timely. Conflict of laws, or private international law as it is sometimes called, takes on greater importance with each passing year.  Globalization is eroding borders in commercial transactions and family relationships, yet much law remains highly territorial. Professors Pitel and Rafferty have written a highly readable and thoughtful treatise that explains and analyzes 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.

Faculty Books Genealogy and the Law in Canada by Prof. Margaret Ann Wilkinson.
Digital records and broad access to the Internet have made it easier for genealogists to gather relevant information from distant sources and to share the information they have gathered. The law, however, remains tied to particular geographic locations. This book discusses how specific laws -- access to information, personal data protection, libel, copyright, and regulation of cemeteries -- apply to anyone involved in genealogical research in Canada.
Faculty Books Exploring Contract Law Edited by Jason W Neyers, Richard Bronaugh and Stephen G A Pitel
n this book, leading scholars from Australia, Canada, Hong Kong, New Zealand, Singapore, the United Kingdom and the United States deal with important theoretical and practical issues in the law of contract and closely-related areas of private law. The articles analyse developments in the law of estoppel, mistake, undue influence, the interpretation of contracts, assignment, exclusion clauses and damages. The articles also address more theoretical issues such as discerning the limits of contract law, the role of principle in the development of contract doctrine and the morality of promising. With its rich scope of contributors and topics, Exploring Contract Law will be highly useful to lawyers, judges and academics across the common law world.
Telfer

Canadian Bankruptcy and Insolvency Law: Cases, Text and Materials: 2nd Edition

By Prof. Tom Telfer

This book had its genesis in Part II of the third edition of Jacob S. Ziegel and Ronald
C.C.Cuming, Secured Transactions in Personal Property, Surety and Insolvency,
published in 1995. In 2003, Professor Ziegel joined with Professors Anthony Duggan and
Thomas Telfer to publish a separate volume dedicated to bankruptcy and insolvency law
and this book is the second edition of that work. For this second edition, Professors
Duggan (University of Toronto), Telfer (University of Western Ontario) and Ziegel
(University of Toronto) have been joined on the editorial team by Professors Stephanie
Ben-Ishai (Osgoode Hall Law School) and Roderick Wood (University of Alberta).

Hovius on Family Law

Hovius on Family Law
Cases, Notes & Materials 7th edition
 

By Prof. Ben Hovius

Financial Institutions by Prof. Chris Nicholls The 7th edition of Cases and Materials on the Law of Torts 
By Robert M. Solomon, Mitchell McInnes, Erika Chamberlain, Stephen G.A. Pitel
This highly regarded casebook provides a detailed examination of virtually every major area of Canadian tort law, drawing on case law from every province. Features helpful explanatory introductions, concise extracts of key decisions, editorial passages, detailed notes and questions, and review problems.
Faculty Books Financial Institutions – The Regulatory Framework
by Prof. Christopher Nicholls 
The book provides a comprehensive overview of how Canadian financial systems are structured and regulated. Nicholls has taken this complex and daunting subject and has written a concise, easy-to-understand introduction to the concepts, issues and objectives underlying the federal regulation of our financial institutions. In particular, the book explores the regulation of banks and other deposit-taking institutions, insurance companies and securities firms, and includes analysis of the recent credit market crisis and the subsequent regulatory responses.
Expounding the Constitution Expounding the Constitution
Essays in Constitutional Theory

Edited by Grant Huscroft
What does it mean to interpret the constitution? Does constitutional interpretation involve moral reasoning, or is legal reasoning something different? What does it mean to say that a limit on a right is justified? How are constitutional rights and unwritten constitutional principles to be reconciled? In this book, these and other questions are debated by some of the world’s leading constitutional theorists and legal philosophers. Their essays are essential reading for anyone concerned with constitutional rights and legal theory.
Canadian Copyright

CANADIAN COPYRIGHT A Citizen's Guide
By Prof. Sam Trosow and Laura Murray

In accessible language, and using colourful examples and case studies, this book parses the Copyright Act and explains pertinent issues. It also makes a case for grassroots engagement in balanced legal reform.

It is an invaluable resource for culture makers and purchasers alike.

Emerging Issues in Tort Law

Emerging Issues in Tort Law
Edited by Western Law Profs. Jason Neyers, Erika Chamberlain and Stephen Pitel

Features articles by leading tort scholars from Australia, Canada, Hong Kong, Israel, New Zealand, the U.K. and the United States. It explores important theoretical and practical issues that are emerging in the law of torts.

The book is based on papers presented at a major conference on tort law held at Western Law in June 2006.

Chris Nicholls' book

Mergers, Acquisitions, and Other Changes of Corporate Control by Prof. Chris Nicholls

Western Law Professor Christopher Nicholls' new book Mergers, Acquisitions, and Other Changes of Corporate Control provides a succinct and insightful discussion of the laws governing mergers and acquisitions transactions conducted in Canada. The book draws on a collection of loosely related legal principles and rules in corporate law and securities law as well as in competition, foreign investment and a handful of other areas. 
Read a profile of Prof. Chris Nicholls

Daniel Sandler book

Government Venture Capital Incentives

A Multi-Jurisdiction Comparative Analysis
By Prof. Daniel Sandler

This book is a unique international comparative study of venture capital tax expenditure programs and related government spending and investment programs designed to support the growth of small and medium-sized enterprises ("SMEs"). The study contrasts the programs that operate in Australia with programs operating in the United States, Canada, the United Kingdom, Singapore, Malaysia and New Zealand.

 

A Jursiprudence of Power

A Jurisprudence of Power: Victorian Empire and the Rule of Law By Prof. Rande Kostal

A Jurisprudence of Power concerns the brutal suppression under martial law of the Jamaica uprising of 1865, and the explosive debate and litigation these events spawned in England. The book explores the centrality of legal ideas and institutions in English politics, and of political ideas that give rise to great questions of English law. The book documents how the world's most powerful and articulate political elite struggled with fundamental questions about law, morality, and power. Read a profile of Prof. Rande Kostal