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Whether you are preparing and arguing insurance cases in court, assessing the enforceability of an insurance contract, or advising clients about their insurance contracts - this book provides the straightforward analysis and valuable insight you need to be at your most effective. This comprehensive publication focuses exclusively on Canadian insurance law general principles, and is now fully updated to take into account the latest developments in case law and insurance regulation.
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"Beverley McLachlin was the first woman to be Chief Justice of the Supreme Court of Canada. Joining the Court while it was establishing its approach to the Canadian Charter of Rights and Freedoms, McLachlin aided the court in weathering the public backlash against controversial decisions during her tenure. Controversies in the Common Law explores Chief Justice McLachlin's approach to legal reasoning, examines her remarkable contributions in controversial areas of the common law, and highlights the role of judicial philosophy in shaping the law. Chapters in this book span thirty years, and deal with a variety of topics - including tort, unjust enrichment, administrative and criminal law. The contributors show that McLachlin had a philosophical streak that drove her to ensure unity and consistency in the common law, and to prefer incremental change over revolution. Celebrating the career of an influential jurist, Controversies in the Common Law demonstrates how the common law approach taken by Chief Justice McLachlin has been successful in managing criticism and ensuring the legitimacy of the Court."--
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"This book provides an extensive account of the origins and evolution of the general anti-avoidance rule (GAAR), and offers a comprehensive examination and appraisal of the rule. The book's 28 chapters encompass a wide variety of perspectives on the GAAR; contributors include tax practitioners, academics from around the world, and government officials from the Canada Revenue Agency and the Department of Justice, as well as the former Supreme Court of Canada justice who wrote the reasons for judgment in the leading GAAR case. The book, unique in the thoroughness of its approach and the diversity of its points of view, is intended as the go-to source for government officials, tax professionals, academics, and judges--a reference book covering all aspects of the GAAR: its historical background, its major structural features and shortcomings, the evolution of the case law dealing with the GAAR, and the interpretive issues that continue to cause uncertainty."-- Provided by publisher.
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"Canadian Income Tax Law provides readers with an overview of the foundations of tax law, including critical cases and expert commentary. Introductory chapters provide a foundation for the study of statutory provisions and judicial decisions, including up-to-date caselaw and analysis; the remaining chapters follow the structure of the Income Tax Act."-- Provided by publisher.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.
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A political practice and institution found in most civilisations throughout history, asylum in the twenty-first century finds itself in a tumultuous period. The 1951 Refugee Convention regime endures, but many States are trying hard to prevent asylum-seekers from reaching their borders. With refugee resettlement stuck at one per cent of the needs, it is no wonder that refugees finding no other solution to build a future for their family will resort to other means to reach places where they can hope to thrive. Destination States are deploying multiple strategies to avoid being responsible for thousands of refugees. They have thus considerably strengthened their ‘fight’ against undocumented migration and are criminalising asylum-seekers through importing into administrative law concepts and institutions of criminal law, while some have adopted deterrence tactics or implemented ‘externalisation strategies’. They also have devalued the principle of non-refoulement, either through directly refouling or through use of tactics resulting in refoulement. Asylum-seekers are also subjected to biometric identifiers stored in databases interconnected with multiple other databases, nationally and internationally. This chapter explores global trends and challenges in asylum in the twenty-first century and outlines main approaches in the field.
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