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"This essential resource for litigators and judges addresses a central question: when is it too late to file a suit?"-- Provided by publisher.

« L'ouvrage a pour objectif de présenter le droit des biens de manière succincte. Les différents types de rapports susceptibles d'être exercés par les personnes sur les biens y sont décrits. L'exposé insiste sur l'explication des notions fondamentales et sur la présentation des régimes juridiques auxquels sont assujetties les diverses institutions du droit positif québécois. Après les premiers chapitres consacrés aux notions de patrimoine, de droits réels et de droits personnels, de choses et de biens, le manuel traite de la propriété, de ses modalités (copropriété et propriété superficiaire) et de ses démembrements (usufruit et usage, emphytéose, servitudes, démembrements innommés). Il décrit ensuite le régime de la publicité foncière, puis s'arrête à l'étude des rapports de fait en droit des biens (possession et prescription acquisitive). La notion de patrimoine d'affectation est illustrée par la fiducie. Les règles régissant l'administration du bien d'autrui sont énoncées. Finalement, le régime particulier applicable au domaine public est présenté. Sylvio Normand est professeur à la Faculté de droit de l'Université Laval, où il enseigne le droit civil et l'histoire du droit. »--Quatrième de couverture

This monograph provides a sustained analysis of two foundational principles of English property law: the principle of relative title and the principle that possession is a source of title. It examines several central concepts in the law of property, including possession and ownership.

"'Understanding Property Law' is a comprehensive and authoritative treatise designed for law students who are taking the standard first-year course on property. It (1) explains the basic principles of property law in the United States and (2) discusses the policy concerns and historical currents that shape this law. The goal of the book is simple: to help students understand property law. It is suitable for use with any casebook. This book provides complete coverage of all standard topics covered in the basic property course, including landlord-tenant law, adverse possession, rights in personal property, intellectual property, estates and future interests, cotenancies, marital property, sales transactions, mortgages, easements, covenants, servitudes, nuisances, eminent domain, zoning, takings, and other land use issues. In addition, the book analyzes cutting-edge issues in modern property law, such as rights in human body parts, current takings issues, judicial reactions to the Restatement (Third) of Property: servitudes, rights and duties of homeowners associations, and rights in personal names and likenesses. Its clear writing and detailed organization help students understand both basic concepts and controversial issues. Thousands of law students across the nation have succeeded in their property classes by using this book."-- Provided by publisher

The Neill Law Lecture 2022

"This book analyzes the modern principle of statutory interpretation as described by Canadian courts. An invaluable resource, the book includes the topic from an administrative law perspective, as well as constitutional interpretation."-- Provided by publisher.

The Canadian Registry of Wrongful Convictions www.wrongfulconviction.ca  .like similar registries in the United States and the United Kingdom, was designed to facilitate research on patterns and trends in wrongful convictions.  As of its launch in February 2023, 15 of 83 remedied wrongful convictions or 17% were the result of guilty pleas by the accused. This is a similar percentage as found in a UK registry and lower than the 27% of guilty plea wrongful convictions found in the US registry. Forty percent of the guilty plea wrongful convictions were entered by women. Most of these involved  the flawed expert testimony of Charles Smith about the cause of baby deaths and the majority of all remedied guilty plea wrongful convictions were for imagined crimes that did not happen.  Almost half (7 of 15) of Canada’s false guilty pleas were taken from racialized people including three Indigenous men, one Black and Indigenous man, another Black man and a Brown man who had recently immigrated from India. Two of the fifteen false guilty pleas were taken from accused persons who had diagnosed mental health and cognitive challenges. With the exclusion of one false guilty plea to a mandatory sentence of life imprisonment and ineligibility for parole for 10 years, the average sentence in the remaining 14 cases was 10 months with evidence of “lop-sided” pleas especially in the cases involving Charles Smith and 2 of the 14 received sentences of time already served.

Drawing on Rachel Dioso-Villa''s repository of wrongful convictions published in this issue, this article examines known cases of wrongful convictions of Indigenous persons in Australia and Canada. It finds that Indigenous people are over-represented among the wrongfully convicted in relation to their representation in the population in both Australia and Canada. At the same time, there are likely many undiscovered wrongful convictions of Indigenous persons especially when the over-representation of Indigenous men and women in prison is considered. A factor in this likely under-representation of Indigenous people among remedied wrongful convictions may be the incentives that accused, especially Indigenous women, face to plead guilty even if they are not guilty. This finding underlines some of the dangers of limiting wrongful convictions to cases of proven factual innocence and not including among the wrongfully convicted those who may have valid defences such as self-defence.

Between 2006 to 2008, no less than three public inquiries recommended that, absent a reasonable likelihood of re-prosecution, prosecutors should allow the wrongfully convicted to be acquitted and not be subject to prosecutorial stays. Prosecutorial stays are an exercise of prosecutorial discretion under. 579 of the Criminal Code that can only be challenged with evidence of flagrant impropriety. They do not provide protection against double jeopardy. They can amount to a third “legal limbo” verdict between guilty and not guilty. Only two prosecutorial services in Canada have adopted the three inquiry recommendations in their guidelines or deskbooks. This failure has real world consequences: namely at least five cases involving seven accused in four different provinces since 2016 where convictions were overturned because of new evidence relevant to guilt or innocence only to be the subject of a prosecutorial stay which deprived the previously convicted person of a verdict on the merits. In addition to being at odds with the three inquiry recommendations, such uses of prosecutorial stays promote continued suspicion of the wrongfully convicted and create two classes of the wrongfully convicted: those who are acquitted and those who only receive a prosecutorial stay.

"Comprehensive study of the Canadian Supreme Court's practice in the field of stare decisis."-- Provided by publisher.