Looseleaf Updates – September
Widdifield on Executors and Trustees – Carmen S. Thériault
Release #7 – September 2024
What’s New?
Amendments and updates to the commentary in Chapter 1 (Funeral); Chapter 2 (Assets); Chapter 4 (Expenses and Legal Costs); Chapter 5 (Bequests and Beneficiaries); Chapter 11 (Executor’s Compensation); Chapter 14 (Passing Accounts); Chapter 15 (Resignation, Removal and Appointment of Trustees); and Words and Phrases.
The Regulation of Professions in Canada – James T. Casey
Release #7 – September 2024
What’s New?
Updates to case histories for cases in the appendices to chapters 13 and 17. it also updates Words and Phrases, Selected Legal Literature and Issues in Focus.
Lawyers & Ethics: Professional Responsibility and Discipline – Gavin MacKenzie
Release #3 – September 2024
What’s New?
Updates to case histories for case law and commentary in Chapters 3 (Confidentiality), 5 (Conflicts of Interest in Litigation), 23 (Admission to the Bar), 25 (Rules of Professional Conduct) and 26 (Discipline Proceedings).
Looseleaf Update
Remedies in Tort – Lewis N. Klar, et al
Release #8 – August 2024
What’s New?
Updates to Chapter 2 (Assault and Battery), Chapter 4 (Conversion and Detinue), Chapter 15 (Malicious Prosecution), Chapter 16 (Negligence)(General)), Chapter 18 (Professional Negligence), Chapter 19 (Negligence (Special)), Chapter 20 (Nuisance), Chapter 21 (Occupiers’ Liability), Chapter 27 (Developing Torts), Chapter 28 (Public Authorities), Chapter 29 (Liability), Chapter 31 (Other Remedies) and Chapter 32 (Parties).
Looseleaf Updates
Regulation of Professions in Canada – James T. Casey
Release #6 – August 2024
What’s New?
Updates to case digests, the Words and Phrases table, the Selected Legal Literature tab and the Legal Memos tab.
Orkin on The Law of Costs – Mark M. Orkin
Release #5 – August 2024
What’s New?
Updates to Chapter 2 – Party-and-Party Costs.
An Ode to New Contract Law Texts
New additions to our contracts collection this month include an updated edition of a popular title as well as a new text on construction contracts. After reading through these texts you may wish to take a break from contract interpretations and construction with this article on HeinOnline from the New York University Law Review that has a collection of poems based on notable Contract Law cases, including ones like this about the famous Carlill v. Carbolic Smoke Ball Co. case
Fair notice is normally due
Douglass G. Boshkoff, “Selected Poems on the Law of Contracts” (1991) 66:5 NYU L Rev 1533.
When the bargained-for action is through.
With the marvelous ball,
There’s no notice at all,
‘Til its purchaser catches the flu.
For even more literary legal lyrics you can visit openparliament’s Haiku page which has a random generator created from Hansard records that follow the traditional 5/7/5 syllables pattern of a haiku.
New Titles
Law of Contracts — 8th Edition, by Stephen Waddams
The Law of Contracts is an essential element of Canadian contract law and is frequently cited by Canadian courts at all levels. With seven previous editions spanning over 40 years, Stephen Waddams’ The Law of Contracts has earned an esteemed place in Canadian jurisprudence. The Supreme Court of Canada and lower courts consider it as an authority and regularly turn to it for its sound analysis of the principles underlying the law.
This book contains an appraisal of relevant Supreme Court of Canada cases decided since the last edition, including recent cases on intention, interpretation, good faith, and unconscionability.
The Canadian Construction Contracts Guidebook, by Elliot Smith
The Canadian Construction Contracts Guidebook is a must-have for any person who is involved in a construction project in Canada, whether they be owners, contractors, consultants, subcontractors, material suppliers, lawyers, or insurance and surety advisor. It addresses issues from the perspective of how best to establish the contractual arrangement, as opposed to addressing contract administration issues or trying to resolve a dispute after it has arisen on a construction project.
The book also provides helpful context and a guide to understanding many of the issues faced in negotiating a construction contract. It provides practical suggestions and alternatives to addressing contract issues as well as sample clauses in respect of the issues that frequently arise in the negotiation of a construction contract.
Other Contract Law texts
For more resources check out the rest of our collection with these authoratative texts.
- Behind and Beyond Boilerplate: Drafting Commercial Agreements — 4th ed., by Elderkin, Cynthia & Doi
- The Law of Contract in Canada — 5th ed., by Fridman.
- Canadian Contractual Interpretation Law — 4th ed., by Hall.
- Damages for Breach of Contract — 2nd ed., by Snyder, Ronald & Pitch
- Canadian Contract Law — 4th ed., by Swan
- Canadian Conflict of Laws, 6th Ed., by Castel & Walker
- Law of contract, 29th ed., by Anson, Beatson, Burrows, and Cartwright
- Mistake in contracting, by MacDougall.
- Misrepresentation and (Dis)Honest Performance — 2nd ed., by MacDougall
- Chitty on Contract — 33rd ed.
- Heintzman and Goldsmith on Canadian building contracts — 5th ed.
- Cheshire, Fifoot and Furmston’s law of contract, 14th ed.
Digital/Online Texts
vLex – available through the Member’s Portal
The Law of Contracts — 2nd ed., John McCamus
New Books and Journals Update
This month’s new additions include updated editions to some of our digital books, as well as new journal issues and articles.
These titles are available in our online library resources section for Law Society Member’s
vLex has updated their Irwin Law collection with two updated titles.
Criminal Law 8th ed. by Kent Roach
“The eighth edition of Criminal Law has been thoroughly updated to include new developments. It includes a detailed discussion of R v Brown striking down restrictions on the extreme intoxication defence and the likely parliamentary reply, and Parliament’s reply in Bill C-28. It also examines changes in jury selection upheld in R v Chouhan; important decisions on fault, such as R v Zora, R v Javanmardi, R v Chung, and R v Goforth; and assesses R v Cowan on parties. The discussion of sexual assault has been updated to take into account R v Barton and the possible implications of R v Morrison. The Supreme Court’s first decision under the amended self-defence provisions in R v Khill is reviewed. This new edition also has been revised to include important decisions from the Ontario and Nova Scotia Courts of Appeal on sentencing Black offenders, as well as the Supreme Court’s striking down of mandatory minimum fine surcharges and stacking of twenty-five-year periods of parole ineligibility.” -publisher
International Law, Doctrine, Practice, and Theory 3rd ed. By Craig Forcese
“The book includes introductory materials on the nature, history, and theory of international law from an international relations, as well as a legal, perspective. Carefully selected and edited primary materials — including treaties, UN documents, and cases — take readers to the very sources of the rules and principles that comprise modern international law. Extensive and critical commentary on, and analysis of, these primary materials guide the reader to an understanding of the rules, their strengths and weaknesses, and their place in the international legal system. Descriptions of contemporary real-world situations provide concrete context to the discussion.
Remarkable for both its depth and breadth, International Law: Doctrine, Practice, and Theory sets the standard for the study of international law in Canada. It also constitutes an invaluable reference collection for practitioners, judges, and scholars working in this ever-increasingly important area of modern law.” – publisher
Emond’s Criminal Law Series has also been updated with a new edition.
Indigenous People and the Criminal Justice System, 2nd ed. by Jonathan Rudin
“The second edition contains a new chapter devoted to Fetal Alcohol Spectrum Disorder (FASD) and the experiences of FASD-affected individuals in the Canadian Criminal Justice system. It also includes a practical review of the 2019 Final Reports by the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG) and the Public Inquiry Commission on relations between Indigenous Peoples and certain public services in Québec: listening, reconciliation and progress. This bestseller also features expanded coverage of overrepresentation, sentencing, plea bargains, Gladue principles, and Charter challenges.” – publisher
Journals
New articles from the following journals are now available for Law Society members upon request. For a pdf copy of these or other legal journal articles email us at library@lawsociety.mb.ca. Click on the journal title to see full article titles.
Canadian Criminal Law Review vol. 26
- “Scraping in Cyberspace: Police Entrapment in the Virtual World” 26 Can. Crim. L. Rev. 203 Mathew Zaia
- “Defending the Castle: Search Incident to Arrest after R. v. Stairs” 26 Can. Crim. L. Rev. 227 Colton Fehr
- “La Création D’un Tribunal Spécialisé en Matière de Violences Sexuelles et de Violence Conjugale au Québec: Vers une Meilleure Justice?” 26 Can. Crim. L. Rev. 269 Anne-Marie Boisvert
- “Le Châtiment Corporel des Enfants: L’Article 43 C.cr. n’a Plus sa Place en Droit Canadien” 26 Can. Crim. L. Rev. 241 Maya-Chahinez Oultache
Canadian Family Law Quarterly vol. 41
- “”Put Bluntly”, We Need to Contemplate Polyamory” 41 C.F.L.Q. 99 Kelsey Beazer; Elizabeth Cameron; Samantha Simpson
- “Torts and Family Law: What’s New, What’s Old and How To Use” It 41 C.F.L.Q. 23 Mary Jo Maur
- “Moving Towards a Post-Pandemic “New Normal”: Perspectives of Ontario Family Justice Professionals and Self-Represented Litigant” 41 C.F.L.Q. 1 Claire Houston; Rachel Birnbaum; Nicholas Bala
- “A Look at Recent Developments in the Law of Contempt” 41 C.F.L.Q. 77 Katherine Cooligan; Brad Yaeger
Canadian Journal of Administrative Law and Practice vol. 35
- “Case Comment: Law Society of Saskatchewan v. Abrametz.” Fredrick Schumann. 35 Can. J. Admin. L. & Prac. 385.
- “Vavilov, Reasonableness Review and Logic.” Louis Guilbault. 35 Can. J. Admin. L. & Prac. 287.
- “Citizenship Revocation in Canada: Dialogue or Defiance?” Ben Lerer, Alex Bogach. 35 Can. J. Admin. L. & Prac. 253.
- “Jurisdiction and Access to Justice: An Analysis of Human Rights Tribunal of Ontario-Issued Notices of Intent to Dismiss.” Frank Nasca. 35 Can. J. Admin. L. 253.
- “The Law Society of Ontario’s Duty to Accommodate Mental Disability: Toward a Distinct Regulatory Approach.” David LeMesurier. 35 Can. J. Admin. L. & Prac. 325.
Education and Law Journal vol. 31
- “The Many Faces of Educational “Choice”: Student Autonomy, Parental Rights, and the “Choice in Education” Threat.” Ned Lecic, Marvin A. Zuker. 31 Educ. & L.J. 83.
- “At the Intersection of Fairness and Rights: The Ombudsman’s Administrative Oversight of Education in Ontario.” Jean-Frédéric Hübusch. 31 Educ. & L.J. 139.
- “Ontario’s Teacher-Certification Math Test Unconstitutional Due to Disproportionate Negative Effect on Racialized Candidates.” Max Halparin. 31 Educ. & L.J. 201.
- “Quebec’s Laicity Act, Teacher, and Dress Codes in Canadian Case Law: Introspection before Legal Action.” Darryl Hunter, Paul Clarke. 31 Educ. & L.J. 169.
- “Saskatchewan Court of Appeal Rules on Reassignment Grievance at Saskatchewan Polytechnic.” Simone Truemner-Caron. 31 Educ. & L.J. 209.
- “Mandatory Vaccination in Toronto Schools.” Rebecca Meharchand. 31 Educ. & L.J. 2015.
- “A Class Complaint Forces the Vancouver School Board to Respond to Charges of Systemic Anti-Black Racism.” Max Halparin. 31 Educ. & L.J. 223.
Intellectual Property Journal vol. 34
- Book review – Law and Reputation: How the Legal System Shapes Behavior by Producing Information, Roy Shapira (Cambridge, U.K.: Cambridge University Press, 2020) 34 I.P.J. 227 Aviv Gaon
Journal of Parliamentary and Political Law vol. 16
- “Notable Case Law Concerning Legislative Bodies and Their Members.” Melanie J. Mortensen. 16 J. Parliamentary & Pol. L. 753.
- “Review of: Behind Closed Doors: The Law and Politics of Cabinet Secrecy by Yan Campagnolo (Vancouver: UBC Press, 2021).” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 771.
- “How Political Law Enables Authoritarian Opportunity: The Transition to Federalism in Nepal.” Jena Karim. 16. J. Parliamentary & Pol. L. 663.
- “Attorney General v. Latu, [2021] WSCA 6 (23 July 202) The Court of Appeal of Samoa Has Upheld Democracy, the Rule of Law and the Constitution, by Ending a 15-Week Political Impasse.” Gavin Murphy. 16 J. Parliamentary & Pol. L. 747.
- “Review of: Laws of the Constitution Consolidated by Donald F. Bur (Edmonton: University of Alberta Press, 2020).” J.W.J. Bowden. 16 J. Parliamentary & Pol. 779.
- “Law Society of Ontario v. Ghadmari 2021 ONLSTH 45, [2021] LSDD 64 [Ghamari].” Andrew Flavelle Martin. 16 J. Parliamentary & Pol. L. 735.
- “What Would Aristotle Say?” Gregory Tardi. 16 J. Parliamentary & Pol. L. 591.
- “Money, Pavement and PEP: Assessing Canada’s New Pre-Election Rules on Third Party Spending.” Dr. Cristine de Clercy, Valere Gaspard. 16 J. Parliamentary & Pol. L. 607.
- “Can Inmates in Canada’s Penal Institutions Vote? A Transnational Perspective.” Anna Grundmark. 16 J. Parliamentary & Pol. L. 685.
- “Votes for Women: An Indispensable Step Toward Equality.” Erin Curtis. 16 J. Parliamentary & Pol. L. 713.
- “The Role of Attorney General and Minister of Justice; The Perspective of an Informed Citizen.” Dawn McKevitt. 16 J. Parliamentary & Pol. L. 703.
- “Alert! On the Formation of a Democratic Government / Alerte! De la Formation D’un Gouvernement Démocratique.” 16 J. Parliamentary & Pol. L. 567.
- “The Public Nature of Ministerial Tasks: Mandate Letters before the Supreme Court of Canada.” James L. Turk. 16 J. Parliamentary & Pol. L. 601.
- ““Ukraine—Crucifixion”: The First-Ever Stationary Exhibition on the Ongoing Russian-Ukrainian War.” Dmytro Hainetdinov.
- “Lé Fédéralisme Coopératif et les Administrations Publiques au Canada : Terminologies, Modalités, Métaphores.” Dave Guénette. 16 J. Parliamentary & Pol. L.
McGill Journal of Law and Health vol. 15
- “The Best Interest of the Child and the Limits of Parental Autonomy to Refuse Vaccination” 15 McGill J. L. & Health 65 Alison Braley-Rattai
- “A Roadmap for Change: International Strategies for Improving End-of-Life Care” 15 McGill J. L. & Health 119 Daphne Gilbert
University of Toronto Law Journal vol. 72
- “Of Linchpins and Bedrock: Hope, Despair, and Pragmatism in Animal Law” 72 U. Toronto L.J. 468 Jessica Eisen
- “Heritage Preservation Easements, Urban Property, and Heritage Law: Exploring Canadian Common Law and Civil Law Tools for Responding to International Cultural Preservation Frameworks for Cities” 72 U. Toronto L.J. 436 Sara Gwendolyn Ross
- “The Death of Law? Computationally Personalized Norms and the Rule of Law” 72 U. Toronto L.J. 373 Timothy Endicott , Karen Yeung
- “The Judicial Review of Legality” 72 U. Toronto L.J. 403 Natalie R Davidson , Leora Bilsky