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This fourth edition of Commercial Insolvency in Canada continues the practical approach of earlier versions and proceeds from the basic premise that all persons interested in or affected by commercial insolvency are entitled to be treated with respect in the insolvency process and are entitled to participate in the process effectively to pursue their legitimate interests.The first two chapters of the book form the basis of discussion of the position of each group of constituents of the insolvent debtor that follows in subsequent chapters. In the final chapter, readers will find an outline of Canada’s version of the UNCITRAL Model Law for recognizing and giving effect to foreign insolvency proceedings in Canada as well as an analysis of cross-border restructuring proceedings based in Canada. Throughout this treatise, McElcheran strives to focus on insolvency as a whole – rather than discussing the patches in isolation, he describes the overall state of the quilt.
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Legal thinkers typically justify contract law on the basis of economics or promissory morality. But Peter Benson takes another approach. He argues that contract is best explained as a transfer of rights governed by a conception of justice. The result is a comprehensive theory of contract law congruent with Rawlsian liberalism.
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"In 2018, Parliament repealed and replaced all driving provisions of the Criminal Code, in part as a response to the enactment of the Cannabis Act. Impaired Driving and Other Criminal Code Driving Offences: A Practitioner's Handbook is a ... guide to this new legislation, designed to assist Crown and defence lawyers, as well as members of the judiciary. It explores all aspects of this area of law, including the different types of offences, the investigation process, provincial procedural differences, trial strategies and issues, sentencing, and ethics."--Provided by publisher.
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"In 2018, Parliament repealed and replaced all driving provisions of the Criminal Code, in part as a response to the enactment of the Cannabis Act. Impaired Driving and Other Criminal Code Driving Offences: A Practitioner's Handbook is a ... guide to this new legislation, designed to assist Crown and defence lawyers, as well as members of the judiciary. It explores all aspects of this area of law, including the different types of offences, the investigation process, provincial procedural differences, trial strategies and issues, sentencing, and ethics."--Provided by publisher.
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The paper also considers whether or not the procedure is in need of reform, or perhaps even abolition, given concerns that it contributes to delay and may unduly burden witnesses and victims. A Provincial Court judge has jurisdiction to hold a preliminary inquiry in some, but not all criminal cases; if an inquiry is held, it occurs between the first appearance of the accused and the trial. Its primary purpose is the screening out of weak or unmeritorious cases from the criminal process. This assessment of the preliminary inquiry identifies the restrictions imposed on the preliminary inquiry under current law and examines the scope of statutory duties allowed the presiding judge. To assess the role of the inquiry as a useful discovery mechanism, the paper also analyzes the recent "Stinchcombe" decision, in which the Supreme Court of Canada held that there must be full pretrial disclosure by the prosecution of all information relevant to the accused. In assessing the extent to which the law that governs the preliminary inquiry may need reform, the analysis examines reforms to the procedure in a number of Commonwealth countries and in the United States. The pros and cons of various reform proposals are presented. The paper concludes that the status quo is the least preferable option, given the disclosure requirements now applicable in Canada and the failure of the existing procedure to perform the function assigned to it. A 170-item bibliography and appended background information
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