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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"In 2018, Parliament repealed and replaced all driving provisions of the Criminal Code, in part as a response to the enactment of the Cannabis Act.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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Statutory Interpretation is a practical guide to the techniques and reasoning used by lawyers and judges to resolve interpretation problems. The book deciphers the complex rules of interpretation, explains the way these rules relate to each other, and focuses on their strategic use in constructing arguments and justifying outcomes. The third edition has been updated and restructured, adding a new chapter to the Introduction that explains what is meant by "the entire context" -- the core concept of the modern principle that governs interpretation -- and shows how the various interpretive rules and presumptions fit into that complex concept. There is another new chapter on Aboriginal law and rights to reflect the increasing importance of this area of law. Finally, this edition offers an expanded, comprehensive treatment of the presumptions of legislative intent and the important role that policy plays in interpretation, even though courts are sometimes reluctant to acknowledge that role. Written by Canada's leading authority in the field, this is a desk book that no legal practitioner should be without.
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This book recounts the many and varied transformations in the history of law in Canada in the half century after Confederation.
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La 4ème de couv. indique : "Concis, précis et complet, cet ouvrage va à l'essentiel. A jour de la réforme du droit des obligations, cette nouvelle édition expose tant le droit nouveau que le droit ancien auquel les contrats conclus antérieurement restent soumis. Les textes principaux et les arrêts fondamentaux sont analysés et commentés grâce à un appareil de notres très complet indiquant les références et les pistes nécessaires à de plus amples recherches . Vous trouverez dans cet ouvrage toutes les réponses à vos questions sur : les sources des obligations : définition et classification - la formation du contrat - la conclusion et les effets du contrat - la responsabilité civile - les quasi-contrats ; les règles communes à toutes les obligations : les modalités - la transmission - l'exécution - l'extinction des obligations."
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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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"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.