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
When the bargained-for action is through.
With the marvelous ball,
There’s no notice at all,
‘Til its purchaser catches the flu.

Douglass G. Boshkoff, “Selected Poems on the Law of Contracts” (1991) 66:5 NYU L Rev 1533.

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.

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

Tort Law Collection Update

Image taken from https://lawhaha.com/torts-illustrated/

Whether it was a five year old pulling out your chair, or a snail in your ginger beer, it’s good to know where the law stands when you’ve been wronged. The library has a thorough collection of texts on Tort law available, including two recently updated titles.

Newest Additions

Canadian Tort Law — 12th ed. by Allen M. Linden, Bruce Feldthusen, Margaret Isabel Hall, Erik S. Knutsen, Hilary A. N. Young

“The twelfth edition of the leading treatise on tort law in Canada continues the standard of excellence achieved by each previous edition and answers questions for all professionals in this field.”

Remedies in Tort. by Lewis Klar, Linda Rainaldi, Earl Cherniak, and Peter Kryworuk [looseleaf]

“Remedies in Tort is the only Canadian publication that summarizes tort law completely and in a readily accessible manner. This five-volume work has a total of 28 chapters that are constantly updated with the most recent guidelines and court decisions.”

Main Collection

Browse our catalog for even more titles on Torts, or take a look at some of the popular titles currently in our print collection.

Online titles

The Law of Torts. 6th ed. by Philip Osborne, Toronto: Irwin Law, 2020. Available on vLex

“An indispensable resource for practitioners, judges, and students seeking a concise and accessible introduction to the principles of tort law in Canada, as well as the social policies underlying the law and current trends in judicial decision making. The book reviews the foundations, characteristics, and objectives of tort law with specific discussions of negligence, intentional torts, strict liability, vicarious liability, nuisance, and defamation.”

Newsletters and Current Awareness

LexisNexis® Tort Law Netletter(TM) – an electronic current awareness service covering recent judicial developments in tort law, including property torts, torts affecting the person (including defamation), torts by and against the Crown, passing off, and negligence, including professional negligence by medical, legal and other professionals.
Email the library (library@lawsociety.mb.ca) to subscribe.

For even more resources visit the Library Resources section of the Member’s Portal and see what HeinOnline has to offer. They offer both recent articles in their Law Journal Library, as well as historical and rare titles in their Legal Classics Database.

Wills and Trusts Collection Update

The library’s collection continues to be updated and expanded with new editions and titles, with the latest update to Widdifield on Executors and Trustees. Read below for a summary of this authoritative title and then keep scrolling to see what over resources we have in the area of Wills and Estate Law.

Widdifield on Executors and Trustees

“This seminal classic of Canadian legal literature has been completely revised and updated by an author team drawn from the front ranks of the profession nation-wide.

Widdifield on Executors and Trustees offers a comprehensive exposition of the law relating to the exercise of the duties and prerogatives of the executor or trustee in Canadian law.

“Each of the 17 original chapters has been brought up-to-date with case law and legislation from all jurisdictions to provide a national perspective. To reflect the development of the law in this area since the previous edition, a new chapter focusing on the impact of family law upon the administration of estates has been added.”

The library has several other recent texts to help solve your Will and Trusts questions.

Lewin on Trusts — 20th ed.  KF 730 .L4 2020
Lewin on Trusts gives an in-depth analysis of both general principles and practical considerations, covering all aspects of trusts law, including creation of trusts, jurisdiction and choice of law, the role and duties, indemnity and remuneration of trustees, the rights of beneficiaries, dispositive and administrative powers concerning trusts, trust proceedings and remedies, and regulation of trusts and trustees.

Drafting Trusts & Will Trusts in Canada — 5th ed. KF 730 .K48 2020

“…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..”

The Executor’s Handbook — 6th ed. KF 778 .G73 2019

 “…a comprehensive and practical resource designed to assist the executor, administrator or liquidator with this undertaking, and provides the information and direction required to administer an estate in Canada, from start to finish.”

Newsletters and Current Awareness

For the most current information be sure to watch our blog for regular updates to our newsletters.

 Estates trusts and Pensions journal  – “covers new trends in estates and trusts with special coverage of pensions issues. Informative articles, insightful comments on important cases and new legislation, along with a discussion of useful texts in the area, make this a critical tool for anyone involved in the estates, trusts and pensions areas, such as lawyers, trustees, actuaries, custodians, and accountants. Published four times a year, each edition is packed with vital information, saving you time, while ensuring you stay current on the latest issues.”

WeirFoulds Estates & Trusts Newsletter – Reports and comments on recent court decisions and other developments in Canadian estates and trusts law. This newsletter is part of our Current Awareness journals that are available for Law Society Members. If you are interested in receiving regular emails of any of these newsletters email us at library@lawsociety.mb.ca

This helpful resources is available in the library on our workstations. It includes primary sources, commentary, precedents, and finding tools for planners, administrators and litigators.


See our full Wills Collection for even more titles and resources.

Digital Collection Update: Emond’s and Irwin Law.

A new helpful text on expert evidence has been added to Emond’s Criminal Law Series and is available online in the Library Resources section of the Member’s Portal.

Qualifying and Challenging Expert Evidence

by Eric V. Gottardi, Jennifer A. MacLellan, Michael Lacy, Robin Flumerfelt

Qualifying and Challenging Expert Evidence is an essential guide for legal practitioners and expert witnesses participating in a criminal trial. Applicable to Crown, defence counsel, and the judiciary, this handbook uses clear and concise language to address all aspects of expert witness testimony from start to finish.

Authored by a respected team of cross-national legal experts, Qualifying and Challenging Expert Evidence integrates varied perspectives to achieve a balanced, engaging, and comprehensive approach unmatched by any other resource. It maintains a practical focus while weaving strategic guidance with an analysis of case law and the relevant provisions of the Criminal Code and the Canada Evidence Act.

Ranging from psychiatry to forensics and from pathology to technology, this resource will prepare legal practitioners for the procedural, tactical, and strategic elements of qualifying and challenging expert witnesses in criminal cases.

This text is Volume 15 in Emond’s Criminal Law Series.

vLex (Irwin Law)

Also available online, are these new titles from vLex’s Irwin Law Collection.

Fertility: 40 Years of Change 
By Maureen A. McTeer

“…Maureen McTeer explores key medical, research, and legal developments in assisted human reproduction since the birth of the first IVF baby in 1978. With keen insight, she analyses how Canada has responded to the many legal and societal opportunities this foundational reproductive technology has created…”

Every Cyclist’s Guide to Canadian Law – 2nd ed. 
By Christopher Waters

“Christopher Waters, a law professor and cycling advocate, provides a comprehensive overview of the Canadian law on bicycles. The book covers rules of the road, purchasing and using bikes, what to do in the case of a crash or a stolen bike, starting up your own cycling club, racing your bike, and much more.”

Child Victims in Canada’s Justice System By Loree Armstrong Beniuk

” a thoroughly researched resource that will be useful for anyone working with or establishing public policy with respect to children who have experienced sexual abuse.”

Canadian Policing. Why and How It Must Change By Kent Roach

“a comprehensive and critical examination of Canadian policing from its colonial origins to its response to the February 2022 blockades and occupations.
 …offers concrete proposals for reforms to the RCMP, use of force policies, better community safety plans, and more democratic policing.”

New Print Titles on Regulatory Law, Res Judicata, Drafting Wills and more

New titles and updated editions have now arrived at the Great Library. While we are temporarily closed in person, we can still provide scanned sections of these titles or arrange for pick-up and drop-off. Contact us at library@lawsociety.mb.ca for more information.

Regulatory Law & Practice, 3rd ed.

“While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box’ little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.”

The Doctrine of Res Judicata in Canada, 5th ed.

“The definitive resource on an important legal doctrine: why a person can only sue or be sued once for each case.
The book’s analysis, terminology and description of the law have been adopted by the Supreme Court of Canada, and have been cited on numerous occasions by provincial trial and appellate courts and by tribunals across Canada. The text provides a comprehensive distillation of the res judicata doctrine that has evolved in 200 years of Canadian jurisprudence.“

The Law of Privacy in Canada, 3rd ed

Author Michael Power is a leading authority on Canadian privacy law and issues concerning the protection of personal information. The Law of Privacy, 3rd Edition is a comprehensive treatise providing a thorough overview of Canadian privacy law and includes two main sections:

  • Personal Information Protection in Canada – Legislation and statutes; the meaning of “personal information”; the collection, use and management of personal information in the public, private and health sectors; security and breach notification; borders and boundaries; and enforcement;
  • Privacy – Common law and arbitral decisions; privacy and the Charter; privacy in Canadian tort law, criminal law, and employment.

This book also features a helpful annex that provides guidance on how to manage personal information, including how to build privacy management frameworks and the privacy issues that must be addressed in outsourcing and procurement.

The Encyclopedic Dictionary of Canadian Law

“From the very first entry (“A or a”) to the last (“ZZZZ”), it is clear that this new publication is the most comprehensive Canadian legal dictionary available. It is a thoroughly contemporary, truly essential resource that even includes definitions of common acronyms now used in text slang – a useful addition given the extent to which text messages are now used as evidence in criminal proceedings.”

Drafting Wills in Canada — 3rd edition

“Helpful examples of good and bad drafting, along with dozens of practical tips both for drafting and for managing a wills practice.

What’s New In This Edition?

  • New chapter on First Nations Estates under the Indian Act
  • Comprehensive tax matters section in the Business Interests chapter providing an overview of common income tax planning issues for business owners in the context of estate planning
  • Recent case law, as well as key changes to federal tax law and wills and attorney legislation in several provinces
  • Updated content on dealing with digital assets, charitable giving and graduated rate estates
Dangerous Offender Law

“This new publication is a comprehensive, yet accessible, overview of dangerous offender law in Canada. Written by three experts in the field, including defence counsel and intervenor from the landmark R. v. Boutilier case at the Supreme Court of Canada, Dangerous Offender Law presents criminal justice participants and the Canadian public with a long overdue guide to understanding the complex sentencing regime set out in Part XXIV of Canada’s Criminal Code.”

Please note: The library will be closing early on Friday, March 1 at 11:00am for a special event.