Faculty Books
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Fridman's The Law of Contract in Canada, Seventh Edition (Toronto: Thomson Reuters Canada, 2024) Jason W. Neyers, Gregory Bowley, Joanna Langille, Carl McArthur, Jennifer Nadler, Stéphane Sérafin, Samuel Beswick, Mitch McInnes, Manish Oza, Mery Ppasiou This is the first edition written without the contributions from the esteemed Gerald H.L. Fridman. In his memory, the book is now entitled Fridman’s The Law of Contract in Canada. The law of contract has seen many changes in the 13 years since the previous edition was published and in updating the text the new authors have sought to live up to Gerald’s goal of providing “an intelligible account of the present-day norms of the law of contract as they are applied in Canada” (Preface to the Third Edition). This edition has been thoroughly updated to state the law as of January 1, 2024. |
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Colin Campbell and Robert Raizenne This book is a thoroughly researched study of the drafting and implementation of the 1948 Income Tax Act and its amendments. It chronicles the policy deliberations of top bureaucrats and various finance ministers on numerous issues in the tax system, making comprehensive use of parliamentary debates, government records, and materials generated by the Canadian Tax Foundation. |
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Darryl Robinson, Sergey Vasiliev, Elies van Sliedregt and Valerie Oosterveld
Building on the success of previous editions (Cryer et al.), this popular textbook is now expanded and updated in a 5th edition featuring two new co-authors, Elies van Sliedregt and Valerie Oosterveld. A market leader and one of the most globally trusted textbooks on international criminal law, it is known for its accessible and engaging tone and for an even-handed approach that is both critical and constructive. Comprehensively updated and rewritten, this new edition introduces readers to the main concepts of international criminal law, as well as the domestic and international institutions that enforce it, and addresses the latest challenges and controversies surrounding the International Criminal Court. |
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Jassmine Girgis, Alfonso Nocilla and Virginia Torrie (eds.) This new edition is particularly noteworthy as it is the first open access text on Canadian bankruptcy and insolvency law, making it freely available to practitioners, students, and anyone interested in understanding the complexities of this area of law. The editors have meticulously updated the content to reflect the latest legal developments, providing readers with comprehensive coverage of the subject through carefully selected cases, thought-provoking commentaries, and the inclusion of post-reading questions to assess comprehension of the material. |
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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. |
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Political Ideologies in Canada (Toronto: Canadian Scholars Press, 2024) 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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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 Winner of the American Society of International Law (ASIL) Women in International Law Interest Group's Scholarship Prize for Best Book. |
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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. |
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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.
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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. |
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Fridman's Law of Torts in Canada General Editors: Erika Chamberlain and Stephen Pitel 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.
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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: |
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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. |
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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. |
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Canadian Intellectual Property Law: Cases and Materials, 2nd Edition |
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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. |
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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. |
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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:
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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. |
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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). |
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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. |
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Ruin and Redemption: The Struggle for a Canadian Bankruptcy Law, 1867-1919 |
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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. |
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Judging Positivism, Margaret Martin, Hart Publishing, Oxford |
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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. |
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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. |
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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 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. |
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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. |
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Personal and Corporate Insolvency Legislation: Guide and Commentary to the 2006 Amendments, (Wellington: LexisNexis, 2013) by David Brown and Tom Telfer, 2nd Edition |
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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. |
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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. |
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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. |
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Global Justice and International Economic Law Opportunities and Prospects edited by Chios Carmody, Frank J. Garcia and John Linarelli |
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Prof. Randal Graham, “Legal Ethics: Theories, Cases and Professional Regulation, Second Edition (Emond Montgomery Publications)
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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. |
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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. |
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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. |
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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. |
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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. |
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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 |
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Hovius on Family Law By Prof. Ben Hovius |
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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. |
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CANADIAN COPYRIGHT A Citizen's Guide 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. |
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Emerging Issues in Tort Law 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. |
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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 |
