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Full bibliography 2,184 resources
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I am one of those who believe that the courts are not static institutions. On the contrary, they must adapt to the expectations of the system’s users. In an article published in 2000 in theCanadian Bar Review, Judge Gerald Seniuk and Professor Noel Lyon showed that the development of the Provincial Courts raises many problems, not the least of them being the tendency of the system to evolve in a way that no longer fits the constitutional framework.¹ In this context, and in light of concrete examples and the reflections of experts, we must be particularly attentive to this
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A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000.The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods.The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
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This introduction to legal history contains chapters on law and custom in early Britain, jury and pleading, real property, criminal procedure and more.
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This chapter offers an overview and analysis of fiduciary remedies. The remedies considered are accounting for profits, constructive trust, equitable compensation, injunction, the unwinding remedies (e.g., rescission), and the supervisory remedies (e.g., instruction, removal). One point of emphasis is the close relationship between fiduciary duties and fiduciary remedies. The chapter also distinguishes the remedies of fiduciary law from those of agency. In addition, the chapter considers three major unsettled questions. First, are the remedial aims of fiduciary law distinct from tort and contract? Second, how should judges and scholars think about fiduciary remedies in light of the distinction between law and equity? Third, is punishment of an erring fiduciary a legitimate aim for fiduciary remedies?
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"New in this edition: Material on aboriginal settlement trusts, sham trusts, gratuitous transfer to trustee of pre-existing trust, resettlement of trust, administrative and cy-près schemes, public appeals (fundraising), rebutting presumptions in context of illegal purposes, personal liability of trustees, exculpatory clauses, and tracing into the payment of a debt. ... updated with new case and statute law, including references to the 2015 Trustees Act of New Brunswick that is based on the Uniform Trustee Act of 2012"--Publisher's website
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