With the previous edition of Executive Legislation being published 11 years ago, this new text has substantial updates and developments including Vavilov and subsequent cases, including case law on legislation addressing the pandemic.
The 6th edition of Bidding and Tendering has a number of updates on commentary and caselaw since its last edition over 5 years ago as well.
“This book begins with a threshold examination of what constitutes executive legislation (which embraces instruments most commonly referred to as “regulations”) in the context of a Westminster-based legal system that authorizes and delimits its effect as law. It then considers the constitutional framework for delegating executive legislative authority and the institutional (parliamentary and judicial) controls on the delegation and exercise of this authority. Next, it considers how executive legislation is made and operates within this context and provides a comparative law perspective ranging not only throughout Canada, but also across comparable Commonwealth jurisdictions (the UK, Australia and New Zealand).”
“The unique Canadian rules for bidding on construction projects – and just about everything else – have evolved rapidly ever since the Supreme Court of Canada’s landmark Ron Engineering decision in 1981. The decision has spawned well over a thousand lawsuits, with many more likely. Lawsuits can be very costly for both bidders and owners. Lengthy examinations for discovery and testimony before judges can add cost in time to cost in money. How do you avoid a lawsuit when preparing a call for bids or bidding on a project? The expert commentary in this text analyzes the current state of the law to assist you and your clients through the bidding and tendering process.”
We have three new texts added to the library’s collection on several topics including hard to find information on misrepresentation, updated administrative law, and drafting trusts with new and updated precedents. Check out more detailed summaries of them here.
“The law of misrepresentation is fairly complex – though it does not fall squarely within contract law, it can have a considerable effect on a contract, in some instances making it voidable. This voidability, leading to relief through rescission, is both a cause of action and a defence. The book also examines when a misrepresentation leads to tort damages for deceit and negligent misrepresentation in contracts contexts. It details the parties involved in misrepresentations, both in terms of makers and of recipients of such statements – that is, representors and representees.”
“Drafting Trusts and Will Trusts in Canada, 5th Edition examines both the general and the technical issues that can arise in this area of the law, and deftly combines advice on the substantive law with useful drafting direction. The commentary covers the full range of practical concerns that underpin trust drafting, and highlights the possible problems practitioners may encounter, from coast to coast. In addition, the volume contains a comprehensive collection of skillfully crafted precedents that will be invaluable to lawyers and will help them avoid potentially costly mistakes.”
“Since the second edition of this book was published in 2008, administrative law in Canada has evolved considerably, due in part to a number of recent Supreme Court of Canada decisions. This third edition of Canadian Administrative Law provides an updated look at this important area of law, taking the new case law into account while still providing readers with a comprehensive guide to the subject. In particular, this volume offers an explanation of: the theoretical foundations of judicial review and how they are supported by the constitution; the powers of administrative decision-makers; why and under what circumstances decision-makers determine both constitutional and jurisdictional issues; the standard of review; fairness; bias; and procedural issues.”
Further to the Notice of June 23, 2021, the courts have confirmed that they are able to return to the communities as outlined. Virtual hearings will be held for many of the communities, with proposed dates for physical hearings given as well. See the full notice for a complete list of dates and statuses.
HeinOnline has a large collection with multiple ways of searching so it can sometimes be difficult to know if your search is getting the results you are looking for. This tip explains how users can search the actual catalog records for a thorough result. Searching the catalog is a little different that doing a broad search as it uses the Machine Readable Coding used to identify each item.
Check the tip to see simple one-box search methods, or dive deeper into advanced searches. You can even take a look at the Catalog Subjects tool to browse through subject headings.
CanLII is another resource with a large database. Typing in a simple keyword or phrase can bring up thousands of results. One method to narrow that down is to use filters. This tip gives a great overview of how to limit results for cases, legislation, and commentary by using filters like jurisdiction, dates, and subjects.
Still can’t find what you are looking for? Email us at library@lawsociety.mb.ca and we can help you with using these resources or track down what you’re looking for.
When should you consider reviewing decisions from foreign jurisdictions when conducting legal research? Does it depend on the issue – is it so localized that only Manitoba decisions will be persuasive? Or is it national in scope, so looking at other Canadian jurisdictions is helpful? Or, do you need to go even further, to international common law jurisdictions?
The authors of A Global Community of Courts? Modelling the Use of Persuasive Authority as a Complex Network examined the contents of the vLex database (available to you behind the Members Portal) “to quantify the flow of jurisprudence across the countries in our corpus and to explore the factors that may influence a judge’s selection of foreign jurisprudence.”
If judges are looking at it, shouldn’t you? Our subscription to vLex includes Canadian, U.S. and U.K. decisions. If you need help using it, review our guide or view the introductory webinar available after signing in to the members portal.
There is a growing discussion in the legal literature of an emerging global community of courts composed of a network of increasing judicial dialogue across national borders. We investigate the use of foreign persuasive authority in common law countries by analyzing the network of citations to case law in a corpus of over 1.5 million judgments given by the senior courts of twenty-six common law countries.
The Manitoba Law Library would like to acknowledge with gratitude that we are situated on Treaty One Territory, the traditional lands of the Anishinaabe, Cree and Dakota peoples, and the homeland of the Métis Nation.
Printing and Photocopying
If you need to use the library’s printing and photocopying services you will need to create an account. See us at the front desk for assistance.
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