Faculty Books

Cover of The Right Not to Remain Silent

The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession (Lexis Nexis Canada, 2024)

Beth Beattie (Editor)Carole Dagher (Editor)Professor Thomas Telfer (Editor)

The Right Not to Remain Silent: The Truth About Mental Health in The Legal Profession is a groundbreaking book that sets the stage for revolutionizing how mental health is perceived in the legal profession and beyond. It contains a series of candid and courageous memoirs by members of the legal profession living with mental health and addiction issues. The authors are judges, lawyers, and law professors with wide-ranging legal practices in British Columbia, Alberta and Ontario including at Bay Street and small boutique firms.


Political Ideologies in Canada (Toronto: Canadian Scholars Press, 2024)

Colin Campbell and Colin J. Campbell

Political Ideologies in Canada is a multi-authored introduction to the history, evolution, and current reality of Canadian political ideology, and is especially relevant to those familiar with Parties, Leaders and Ideologies in Canada (McGraw-Hill, 1996) or Political Parties and Ideologies in Canada (1974, 1983, 1990) by Colin Campbell and William Christian. Thoroughly updated and expanded, Political Ideologies in Canada reconceptualizes and modernizes the foundational knowledge of these earlier texts for a new generation.

New Essays on the Fish-Dworkin Debate

New Essays on the Fish-Dworkin Debate (Hart Publishing, 2023)

Margaret Martin and Thomas Bustamante

This book considers the seminal debate in jurisprudence between Ronald Dworkin and Stanley Fish. It looks at the exchange between Dworkin and Fish, initiated in the 1980s, and analyses the role the exchange has played in the development of contemporary theories of interpretation, legal reasoning, and the nature of law.

The book encompasses 4 key themes of the debate between these authors: legal theory and its critical role, interpretation and critical constraints, pragmatism and interpretive communities, and some general implications of the debate for issues like the nature of legal theory and the possibility of objectivity. The collection brings together prominent legal theorists and one of the protagonists of the debate: Professor Stanley Fish, who concludes the collection with an interview in which he discusses the main topics discussed in the collection.


Administration of Income Tax 2023 (Toronto: Thomson Reuters, 2023)

Colin Campbell 

The 2023 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.


Cases and Materials of the Law of Torts in Canada, 11th ed (Toronto: Thomson Reuters, 2023)

Robert Solomon, Mitchell McInnes, Erika Chamberlain, and Stephen Pitel

Cases and Materials on the Law of Torts, 11th Edition provides a detailed examination of every major area of Canadian tort law. This highly regarded casebook provides a detailed examination of every major area of Canadian tort law. For each topic there are clear explanatory introductions, concise extracts of key judicial decisions and statutes, editorial discussions, detailed notes, questions and references to the literature, and review problems.


Research Handbook on Corporate Liability (Gloucestershire: Edward Elgar Publishing, 2023)

Edited by Martin Petrin, Dancap Private Equity Chair in Corporate Governance, University of Western Ontario, Canada and Christian A. Witting, Professor of Law, National University of Singapore, Singapore

This Research Handbook considers many aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, to the key areas of liability in practice. Interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on vicarious liability in tort and its application to corporations, and accountability for AI labour.

A Communitarian Theory of WTO Law cover

A Communitarian Theory of WTO Law (Cambridge: Cambridge University Press, 2023)

Chios Carmody

Since 1995 there has been intense debate about whether the WTO Agreement is just. Many observers point to the association of the treaty with intensive interdependence and the disruptive effects of globalization to assert that it is unjust. Nevertheless, justice in sovereign terms is different from justice in human terms. This book puts forward a theory of WTO law to explain the difference and its implications for the international trading system. It details how economic interdependence gives rise to an interdependent view of the relationship between different forms of justice and to interdependent obligations in WTO law. It also suggests how the WTO dispute settlement system might have a residual value as a locus for transformative outcomes despite contemporary concerns about the system's political acceptability. Taken together, such insights may assist in identifying elements of a general theory of law.

Canadian Income Tax Law, 7th ed

Canadian Income Tax Law, 7th ed (Toronto: LexisNexis, 2023)

David G Duff, Geoffrey Loomer, Bradley Bryan and Rory Gillis

Now in its seventh edition, Canadian Income Tax Law combines the best features of a textbook and a casebook by providing an overview of the foundations of tax law and the critical cases which have shaped each component of the tax regime. Reviewing the basic structure of the income tax, the interpretation of tax legislation, judicial and statutory approaches to tax avoidance, and the statutory rules and judicial decisions governing the computation of a taxpayer’s income, the authors provide expert commentary and analysis, making this book — cited by the Supreme Court of Canada — a unique resource for students and lawyers alike.

Securities Law Third Edition Nicholls

Securities Law 3/E (Irwin Law Inc., 2023)

Christopher C. Nicholls

Canadian securities law consists of an enduring core of fundamental principles that are refined, and sometimes shrouded, by a complex and constantly evolving body of technical details. This third edition, written by Christopher Nicholls — one of Canada’s foremost corporate and securities law experts — provides a solid grounding in the core securities law principles and helps the reader navigate the complex labyrinth of modern securities regulation.

Securities Law surveys the essential building blocks of securities regulation: basic definitions, the public and exempt markets for securities, insider trading, continuous disclosure, enforcement, regulation of dealers and other securities industry professionals, and take-over and issuer bids. Discussion of these subjects is interwoven with thoughtful consideration of larger public policy issues. This book also explores the history of securities regulation and several recent topics.

Randal Graham Nether Regions

Nether Regions (Toronto: ECW press, 2022)

Randal Graham

This is the third book in Randal Graham's "Beforelife" series, a satirical trilogy set in an afterlife where no one can remember the mortal world. Graham uses the novels as a platform to discuss issues pertaining to his ongoing research, specifically relating to microeconomics, legislative policy, legal philosophy, and current political problems.

PIL 5e Cover

Private International Law in Common Law Canada: Cases, Text and Materials, 5th Edition (Emond Publishing, 2022)

Stephen G.A. Pitel, Martha Bailey, Joost Blom, Geneviève Saumier, Sara Seck, Janet Walker, Catherine Walsh, Sara Ross

Private international law, also known as conflict of laws, refers to the intersections of law between private citizens of different countries and the recognition, regulation, and enforcement of legal rights in cases involving foreign entities. Commonplace in modern commerce and increasingly prevalent in areas such as family law, private international law presents challenging legal issues for Canadian courts.

Cover image of International Law: Doctrine, Practice, and Theory (3rd ed)

International Law: Doctrine, Practice, and Theory (3rd ed) (Irwin Law, 2022)

John H. Currie, Craig Forcese, Joanna Harrington, and Valerie Oosterveld

International Law: Doctrine, Practice, and Theory 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.

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Gender and International Criminal Law (OUP 2022)

Editors: Indira Rosenthal, Valerie Oosterveld, and Susana SáCouto

This book brings together leading feminist international criminal and humanitarian law academics and practitioners to examine the place of gender in international criminal law (ICL). The authors consider how best to implement a more nuanced understanding of gender in the practice of international criminal law by identifying possible responses, including embedding a sophisticated gender strategy into the practice of ICL, the gender-sensitive application of international human rights and humanitarian law, and encouraging a gender-competent approach to judging in ICL.

Winner of the American Society of International Law (ASIL) Women in International Law Interest Group's Scholarship Prize for Best Book.


Debt and Federalism: Landmark Cases in Canadian Bankruptcy and Insolvency Law (UBC Press, 2022)

by Thomas Telfer and Virginia Torrie

Debt and Federalism traces changing conceptions of the federal bankruptcy and insolvency power through four landmark cases that together form the constitutional foundation of the Canadian bankruptcy system. The authors draw on a wide array of archival and legal sources to analyze the four decisions from a historical and doctrinal perspective, and to situate them within the appropriate social, economic, and political contexts.

American Legal Education Abroad

American Legal Education Abroad: Critical Histories (New York: NYU Press, 2021)

Editors: David Sandomierski and Susan Bartie

The second half of the twentieth century witnessed the export of American power—both hard and soft—throughout the world. What role did US cultural and economic imperialism play in legal education? American Legal Education Abroad offers an unprecedented and surprising picture of the history of legal education in fourteen countries beyond the United States. Each study in this book represents a critical history of the Americanization of legal education, reexamining prevailing narratives of exportation, transplantation, and imperialism.


Duties of securities brokers

Duties of Securities Brokers in Canada

by Jeffrey G. MacIntosh (Author) , Christopher C. Nicholls 

With a focus on the duties of Canadian stockbrokers to their clients as set out in securities legislation and regulations, the rules of self-regulatory organizations and judicial and administrative decisions, this new publication is destined to become a must-read resource.

Elgar Companions
The Elgar Companion to the International Criminal Court (Edward Elgar Publishing, 2020) 448 pp. 

Editors: Margaret M. DeGuzman and Valerie Oosterveld

This comprehensive Companion examines the achievements and challenges of the International Criminal Court (ICC), the world’s first permanent international criminal tribunal. It provides an overview of the first two decades of the ICC’s existence, investigating the dominant narratives and counter-narratives that have emerged about the institution and its work. In this timely work, an international team of scholars and experts evaluate the ICC’s actual and potential role in the world by exploring some of the central issues related to its creation, mandate, and operations. Chapters address topics ranging from the negotiation dynamics surrounding the drafting of the Rome Statute, to the roles of the Office of the Prosecutor, judges, defence and victims, as well as key controversies around peace and justice, selectivity of cases and situations, and gender-sensitivity.
Fridman's Book

Fridman's Law of Torts in Canada

Fridman's The Law of Torts in Canada comprehensively analyzes all facets of Canadian tort law. It is a detailed reference book, containing both authoritative statements of the law and extensive references to the primary and secondary sources. It is written for lawyers needing to advise their clients, judges needing to decide cases, and scholars needing to know, teach and engage with the law.
This is the fourth edition of a book originally written by Gerald Fridman, one of Canadas most accomplished legal scholars of the second half of the twentieth century. Previous editions have been extensively cited by courts in Canada and abroad, and over the past thirty years the book has become one of the best-known Canadian law texts. This edition is written by a team of six highly-regarded tort law scholars.


Introduction to the Canadian Law of Torts

Introduction to the Canadian Law of Torts, 4th Edition

by Erika Chamberlain (General Editor) / (Author) , Stephen G.A. Pitel (General Editor) / (Author) , Andrew Botterell (Author) , Mitchell McInnes (Author) , Jason Neyers (Author) , Zoë Sinel (Author)

Tort law includes the legal rules that govern many important subjects such as negligence, nuisance, defamation and trespass. These rules are of foundational importance for lawyers and judges and are also important for members of the public seeking to understand their rights and responsibilities in their everyday and commercial activities. Because tort law is primarily drawn from the results of many judicial decisions in individual cases, it can be difficult to understand.

Introduction to the Canadian Law of Torts, 4th Edition provides the explanation and analysis needed to confidently navigate not only the key concepts but also many of the details and subtleties. Written by a team of leading tort law scholars, the fourth edition builds on the earlier editions written by the late Gerald Fridman, one of the finest legal scholars of his generation. It is a must-have addition to the libraries of practitioners and law students alike. It is an essential resource for those learning tort law and an excellent primer and quick reference for those with greater familiarity.

Laying Down the Law Book Cover

Laying Down the Law: The American Legal Revolutions in Occupied Germany and Japan

by Rande Kostal

Following victory in World War II, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes.

In his comparative investigation of these epic reform projects, Professor Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions.

Criminal Procedure Book Cover

Criminal Procedure: Cases and Materials

by Christoper Sherrin

Criminal Procedure: Cases and Materials is the first comprehensive and truly practical treatment of criminal procedure in Canada. Unlike other texts in this area, this book serves as both a casebook and a textbook, offering case summaries and analysis, as well as detailed insights into common activities within a criminal court.

Aspiration and Reality in Legal Education

Aspiration and Reality in Legal Education

by David Sandomierski

Contrary to conventional narratives about legal education, Aspiration and Reality in Legal Education reveals a widespread desire among law teachers to integrate both theory and practice into the education of versatile and civic-minded lawyers. Despite this stated desire, however, this aspiration is largely unrealized due to a host of intellectual and institutional factors that produce a profound gap between what professors believe about law and the ideas they communicate through their teaching.

Bankruptcy and Insolvency Law in Canada

Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems

Edited by Stephanie Ben-Ishai and Thomas G. W. Telfer

Authored by leading experts from across the country, Bankruptcy and Insolvency Law in Canada: Cases, Materials, and Problems reimagines the traditional casebook. It includes an instructor’s manual and is offered in conjunction with an illustrated guide featuring helpful visual aids and diagrams. This casebook provides clear, accessible, and detailed textual commentary on the law by using modern and illustrative cases and presents problem-solving exercises to challenge students to do what lawyers are renowned for — provide solutions.

Gerald Fridman and the Law of Obligations: Past, Present and Future

Gerald Fridman and the Law of Obligations: Past, Present and Future

by Jason Neyers (General Editor), Andrew Botterell (General Editor), Zoë Sinel (General Editor)

The 16 papers included in this collection were presented at a symposium hosted by Western Law in 2018. They mark the passing of Professor Gerald Fridman and celebrate his many contributions to the study of private law.

Securities Law

Securities Law 2/e

by Christopher Nicholls

Canadian securities law consists of an enduring core of fundamental principles that are refined, and sometimes shrouded, by a complex and constantly evolving body of technical details. This second edition, written by Christopher Nicholls — one of Canada's foremost corporate and securities law experts —provides a solid grounding in the core securities law principles and helps the reader navigate the complex labyrinth of modern securities regulation.

The Right to Say No

The Right to Say No

Marital Rape and Law Reform in Canada, Ghana, Kenya and Melawai

Editor(s): Melanie Randall, Jennifer Koshan, Patricia Nyaundi

Marital rape stands at the intersection of the socio-legal issues arising from both domestic violence and sexual assault. For centuries, women who suffered sexual assault perpetrated by their spouses had no legal recourse. A man's conjugal rights included his right to have sexual intercourse with his wife regardless of whether she consented. This right has been recognised in law, and still is in some jurisdictions today.

This book emerges from the research undertaken by an innovative, multi-country, academic, collaborative project dedicated to comparatively analysing the legal treatment of sexual assault in intimate relationships, with a view to challenging the legal impunity for and inadequate legal responses to this form of gendered violence.

Labour and Employment Law

Labour and Employment Law: Cases, Materials and Commentary (8th ed.)

by Labour Law Casebook Group

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.

Trade Union Law in Canada

Trade Union Law in Canada

By: Michael Mac Neil, B.Sc., LL.B., LL.M, Michael Lynk, LL.M, Peter Engelmann, B.A., LL.B

Trade Union Law in Canada comprehensively explains the various strands of the law that affect the internal affairs of trade unions. In fact, it's the only resource designed specifically around the concerns of trade unionists. Trade Union Law in Canada:

Analyzes the legal character of a trade union, including legal status, security and politics
Reviews union structures, constitutions and the election of union leaders
Examines the relationship between trade unions and their members, and the relationship   among members

Matters of internal discipline of union members are also examined and clearly explained, along with religious exemptions and the duty imposed by law on unions to provide fair representation. This resource comprehensively guides you through the maze of laws, regulations and policies that govern your union's day-to-day activities. The eBook version of this publication is available through your web browser, or can be downloaded to your desktop or laptop (Windows and Mac), iPad, or Android tablet. Visit carswell.com/proview to learn more and to see the complete collection of ProView ebooks.

Globalization and the Future of Labour Law

Globalization and the Future of Labour Law

Edited by John D. R. Craig, University of Western Ontario , S. Michael Lynk, University of Western Ontario

How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.

International Law and the Israeli-Palestinian Conflict

International Law and the Israeli-Palestinian Conflict: A Rights Based Approach

Edited by Susan M. Akram, Michael Dumper, Michael Lynk, Iain Scobbie

The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues.

Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict:

    Palestinian refugees
    legal and political frameworks
    the future of Palestine.

Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.

Canadian Intellectual Property Law

Canadian Intellectual Property Law: Cases and Materials, 2nd Edition

Margaret Ann Wilkinson, Greg Hagen, Cameron Hutchison, David Lametti, Graham Reynolds, Teresa Scassa

Canadian Intellectual Property Law: Cases and Materials, 2nd Edition offers a thorough understanding of foundational concepts such as copyright, patents, trademarks, industrial designs, passing off, and confidentiality. This casebook contains extracts from leading Canadian cases and IP legislation, paired with commentary and discussion questions. This approach ensures students will be prepared to engage in the policy debates that surround this important and evolving area of law.
Chapters from the previous edition have been revised to address both statutory amendments and cases handed down by various courts, including the Supreme Court of Canada. Coverage of digital copyright has also been made more substantial in response to the rise of digital content creation and consumption, with additional attention paid to trademark issues in the online context.
This timely text is a valuable teaching tool that bridges gaps found in similar texts by addressing all of the main areas of IP law in a single resource.

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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 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).


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.

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.

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. 

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.

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.

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.

Global Justice


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


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."


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.

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

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.
Canadian Copyright

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.

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