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Canadian conflict of laws | WorldCat.org
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"Class actions are increasingly playing a significant role in providing access to justice to people who have experienced a common wrong. The volume of class actions jurisprudence in Canada has increased exponentially in recent years. Containing insights from two of the foremost Canadian class action jurists and a leading academic in the field, this text offers a comprehensive review of the ever-expanding law of class actions from trial and appellate courts across Canada"--Publisher.
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"Law students generally learn that the class action is a complex joinder device that can serve as a powerful check on governmental or corporate excess or illegality. It is unlikely, however, that they are ... asked to view the class action device from the broader perspectives of constitutional or political theory. The purpose of this book is to undertake just such an inquiry, and to draw a number of valuable lessons for the structure and viability of the modern class action"--Introduction, page 2
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"Class Actions in Canada: Cases, Notes, and Materials, 3rd Edition leverages the experience of practising lawyers from eight Ontario law firms as well as chartered arbitrator and law professor Janet Walker. This casebook highlights key case law and current legislative regimes guiding the certification of class actions, the determination of representation, and the approval of settlements. It explores procedural challenges, including the complexities of multijurisdictional actions."-- Provided by publisher.
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On its simplest level, the purpose of this book is to explain the legal rules applicable to cases of large scale claims, typically in "product liability" and "mass torts." The book builds on a recognition that there is a field of practice--and, increasingly, of legal study--which demands a working comprehension of the way in which a number of apparently diverse fields of practice interact in the modern courtroom. These practice areas include, but are not limited to, product liability, torts, corporation law, evidence, conflict of laws, class actions, and the law of remedies. Large scale claims have generated significant changes to both substantive and procedural rules as courts struggle to reconcile modern models of production and consumption with the requirements of justice in the enforcement of private and public obligations. It is this struggle which The Law of Large-Scale Claims addresses.
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"In 1984, the Supreme Court of Canada, in Hunter v Southam, declared warrantless searches unreasonable under section 8 of the Charter. Police would henceforth require authorization based on "reasonable and probable grounds." The decision promised to protect individuals from encroaching state power, but as Richard Jochelson and David Ireland argue, post-Hunter search and seizure law took a turn away from the landmark decision. A close examination of dozens of post-Hunter cases reveals that section 8 protections have become more difficult to obtain in the post-9/11 era. Rather than developing rigorous standards for new search and surveillance techniques and technologies, the court has used the Charter to sanction broader police powers. Yet, even as it demonstrates that the core principles of Dickson's vision for section 8 rights have been diminished in an era of heightened security and expanding police powers, Privacy in Peril suggests that increasing citation of Hunter in the halls of justice offers hope that some protection of civil liberties will endure in the twenty-first century."-- Provided by publisher.
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"The book, as part of our Criminal Law Series, is a very practical and balanced treatment of all issues related to search and seizure laws in Canada. Unlike drugs, sexual offences, fraud etc., which appeal to a particular sub-set within criminal law writ large, this book is one of general application, applying to all types of offences within the criminal justice system. The book focuses on issues related to the reasonable expectation of privacy, the search warrant application process, production orders, special Criminal Code search powers, ancillary orders, authorizations, warrantless searches, post-seizure reporting and detention and return of seized property, reviewing a search and seizure process, and the exclusion of evidence."-- Provided by publisher.
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"The Law of Search and Seizure in Canada is the definitive text on all aspects of this intricate and rapidly evolving area of criminal law. Much cited by Canadian courts at all levels, this seminal volume clearly lays out the complex legal framework that governs the issuance, execution and review of search warrants, and the rules limiting warrantless activities by state agents. The book also analyzes the central role of the Charter of Rights in determining the legality of police action and the admissibility of evidence when constitutional protections are breached."-- Provided by publisher.
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