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"Account of Profits is a powerful weapon in the litigator's arsenal. Written by Peter Devonshire, a leading scholar on the subject, it is an important but underutilised remedy that can be granted in cases where defendants have profited from their wrongs. An account of profits is the principal remedy for breach of fiduciary duty and breach of obligations of confidence. The remedy is also available in respect of certain common law wrongs and has an important role in cases of intellectual property infringement. The book draws primarily from English and Australian case law as well as judgments of the New Zealand courts. It also includes the decisions of other Commonwealth jurisdictions and the views of leading academic commentators. The author provides a clear and comprehensive explanation of the legal principles regarding an account of profits. The remedy is assessed in context, enabling the reader to identify the key issues and apply the relevant concepts. The Hon Michael Kirby describes Account of Profits as "original, timely, practical and forward-looking" and "a book of great practical worth for lawyers in many countries where the common law and the law of equity still flourish". This is a leading text on this important and expanding area of law, Account of Profits is a valuable resource for students, practitioners, academics and judges"--Publisher
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A fundamental principle in nearly every common-law jurisdiction, such as the United Kingdom, Australia, New Zealand, Canada, and the United States, is that an offender's prior record should play a central role in sentencing. In fact, the importance of previous criminal history should only be surpassed by the seriousness of offence committed (Roberts, 1997; Ulmer, 1997; Vigorita, 2001). In Canada, the public has held the views that repeat offenders should be held more accountable for their offenses and should receive a harsher penalty (Roberts, 2008). This perspective is based on the notion that deliberate and persistent criminal activity indicates that the offender is a chronic and significant risk to society who consistently demonstrates a disregard for the rules and laws of society and its citizens.
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"Law of Witnesses and Evidence in Canada (Formerly Witnesses) is a leading comprehensive treatment of the law of evidence as it applies to evidence given by witnesses in civil and criminal proceedings, as well as before administrative tribunals, public inquiries, and legislative committees. This is a practical reference work, providing coverage and expert analysis of evidentiary issues as they arise in these types of proceedings."-- Publisher's website
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'In view of the implications of the Gladue and Ipeelee decisions for Canada's criminal justice system, this paper was designed to meet the following objectives: to provide a brief statistical overview on the overrepresentation of Indigenous persons in the Canadian correctional system, a summary of the legislative reforms that led to s. 718.2(e), and an overview of the court's interpretation in Gladue and Ipeelee; to analyze the key issues in the literature regarding the application of s. 718.2(e), and the Gladue and Ipeelee decisions in sentencing Indigenous individuals; to describe the justice system initiatives and programs that have been put in place to support the application of s. 718.2(e) in Canadian provinces and territories; and to summarize the studies on the experiences of members of the court system and Indigenous accused who have participated in Indigenous justice system initiatives"--Objectives, p. 5-6.
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"The book delivers a comprehensive overview of the foundational concepts, principles, sources, and institutions of the international legal system and how they are experienced and practiced domestically and in foreign relations"-- Résumé de l'éditeur.
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