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Rights, Wrongs, and Injustices is the first comprehensive account of remedial law’s scope, foundations, and structure. A remedy, it argues, is a judicial ruling, and remedial law is the body of rules governing the availability and content of remedies. Focusing on rulings that are intended to resolve private law disputes (e.g. awards of damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. Drawing on doctrinal, historical, and philosophical sources, it advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while some remedies replicate substantive duties, others modify duties or create entirely new duties. Finally, remedial law is underpinned by general principles—principles that cut across the traditional distinctions between so-called ‘legal’ and ‘equitable’ remedies. Together, these arguments provide the foundation for an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive rights, and explains remedial law in terms of general principles, not historical categories.

"Le Droit des rapports collectifs du travail au Québec se veut d'abord un manuel visant à combler les besoins d'apprentissage des étudiants en droit du travail et en relations industrielles, de même qu'un livre de référence destiné à servir les praticiens de ces deux disciplines. Mais il s'agit également d'une étude critique du droit des rapports collectifs du travail animée d'une double perspective théorique : mettre en lumière les carences de ce droit à l'heure de la mondialisation et de la crise économique et financière qui l'accompagne depuis 2008; souligner les possibilités qu'offre aux acteurs la mobilisation des normes juridiques vu la nouvelle vigueur des mouvements sociaux, ici et ailleurs. L'ouvrage, tout en donnant un exposé précis de l'état du droit en la matière, entend donc apporter une contribution originale à la réflexion critique sur les rapports collectifs du travail dont l'importance économique, sociale et politique, grandement mise à mal à l'échelle de l'Amérique du Nord, demeure pourtant manifeste en contexte québécois. Cette édition présente la matière en deux volumes. Le Volume I, intitulé Le régime général, traite des fondements du droit des rapports collectifs du travail et en expose le régime général, tel que le détermine le Code du travail du Québec. L'approfondissement de ce régime général permet de mieux rendre compte, dans le cadre de cette seconde édition, du travail capital accompli par la Commission des relations du travail (CRT). Le Volume II (Les régimes particuliers) présente une analyse d'ensemble des régimes particuliers de négociation collective, de plus en plus nombreux au Québec. Sont considérées de manière approfondie les normes propres au secteur public et aux services essentiels, aux décrets de convention collective, à l'industrie de la construction, aux ressources familiales dans le secteur de la santé et des services sociaux, à la situation des cadres, etc."-- Résumé de l'éditeur

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims

The fourth edition of this established work is a systematic study of the law of sale of goods with reference to UK and Commonwealth authorities and relevant UK and EU legislation. The book combines depth of treatment of problem areas with insightful commentary on possible lines of argument on traditionally difficult topics. It provides full coverage of content, interpretation, and performance issues relating to sale of goods agreements. The book also addresses the relevant aspects of consumer law, as well as issues such as recoverability of damages, currency, and interest. The work has been updated in its fourth edition to cover all recent developments in case law, most notably The Supreme Court in PST Energy 7 Shipping LLC v OW Bunker Malta Ltd (The Res Cogitans) [2016] UKSC 23, which has given rise to a new category of contract: the sui generis supply contract, for which no statutory model yet exists. Also examined in depth is the Consumer Rights Act 2015, which has profoundly affected the structure of sales law and, in a number of key instances, has also affected the substance of the law. This work remains the leading work of scholarship and an invaluable reference for all practitioners and scholars working in the field

This article considers the appropriate forum for disputing a denied downward transfer-pricing adjustment under subsection 247(10) of the Income Tax Act ("the ITA"). It begins by describing various scenarios in which a request for a downward transfer-pricing adjustment may arise, examines the delegation to officials at the Canada Revenue Agency (CRA) of the authority to grant the adjustment, and outlines the CRA's administrative practice on when to grant such adjustments. It then explores whether the Federal Court or the Tax Court of Canada is the appropriate forum to adjudicate a denied downward transfer-pricing adjustment. For disputes under the ITA, the division of jurisdiction between the two courts is generally well defined. The Tax Court has the exclusive jurisdiction to determine the correctness of an assessment whereas the Federal Court has the exclusive jurisdiction to review discretionary decisions of the minister of national revenue or officials at the CRA to whom the minister's powers have been delegated. This jurisdictional divide is less clear for disputes in respect of a denied downward transfer-pricing adjustment. Subsection 247(10) is the only provision in the ITA under which the correct determination of a taxpayer's income is subject to ministerial discretion. The exercise of ministerial discretion suggests that the appropriate forum to dispute a denied transfer-pricing adjustment is the Federal Court. However, subsection 247(11) specifies that the mechanisms for resolving all transfer-pricing disputes under part XVI.1 of the ITA are through the objection and appeal process in part I of the ITA. The language of subsection 247(11), coupled with its legislative history, the restrictions on the Federal Court's jurisdiction, and practical considerations regarding transfer-pricing disputes, all suggest that the Tax Court is the appropriate forum to consider a denied downward transfer-pricing adjustment. Historical case law from the Exchequer Court supports this conclusion. However, there are scenarios in which a denied downward transfer-pricing adjustment may not result in a notice of assessment being issued, and therefore no clear right of appeal to the Tax Court may exist. To ensure that the Tax Court has the jurisdiction to review all denied downward transfer-pricing adjustments, and not only those that result in an assessment, the authors recommend that part XVI.1 of the ITA be amended to include language requiring the minister to issue an assessment in all cases in which a downward transfer-pricing adjustment is denied.

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims

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.

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims

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.

For more than a century, Black's Law Dictionary has been the gold standard for the language of law. This edition contains more than 50,000 terms, including more than 7,500 terms new to this edition. It also features expanded bibliographic coverage, definitions of more than 1,000 law-related abbreviations and acronyms, and reviewed and edited Latin maxims

"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.

Women were also more likely to have talked to somebody about their experience following an incident of unwanted behaviour or assault. * Women were more likely than men to have experienced multiple incidents in the past 12 months and to have experienced unwanted behaviour or violence while on the street versus while in another public place, such as a bar or restaurant. * Beside gender, being younger, having experienced harsh parenting, having been physically or sexually abused by an adult during childhood, and being single, never married, all play a role in experiencing gender-based violence. * One in three (32%) women and one in eight (13%) men experienced unwanted sexual behaviour in public. The victims-and even the perpetrators-may not themselves perceive the motivations for the incident as being rooted in social structures and systems, which can serve to produce and reproduce gender inequality and gendered violence across many dimensions. Because of this, asking about gender-based violence directly in a survey may not lead to accurate findings or conclusions. Previous research indicates that disabled women, Indigenous women, girls and young women, lesbian and bisexual women, and gay and bisexual men are more at risk of experiencing violence (Boyce 2016; Burczycka 2018a; Conroy 2018; Conroy and Cotter 2017; Cotter 2018; Cotter and Beaupré 2014; Ibrahim 2018; Perreault 2015; Rotenberg 2019; Rotenberg 2017; Simpson 2018). By also including questions which measure violence that meets the criminal threshold, such as physical and sexual assault, the SSPPS allows for a comparative analysis of the risk factors across the continuum of gender-based violence, while also providing more recent self-reported statistics on violent victimization.