Day: July 18, 2019

New Books in the Library: Spring 2019

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By Sara Stanley, Regina Library Technician

Fundamental Justice: Section 7 of the Canadian Charter of Rights and Freedoms, 2nd ed.

Hamish Stewart

“Section 7 of the Canadian Charter of Rights and Freedoms provides that “[e]veryone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.” This book analyzes all aspects of section 7. It outlines the place of section 7 in the constitutional order; how courts decide whether a particular legal principle is so fundamental that it merits recognition under section 7; the conditions under which section 7 will apply to a legal dispute; the legal norms that have been recognized, or rejected, as principles of fundamental justice under section 7; and the very limited circumstances in which an infringement of section 7 will be justified under section 1. The second edition has been extensively revised to take into account several significant changes in the law over the last several years, including the Supreme Court of Canada’s decisions in Bedford (sex work) and Carter (medically assisted dying).”

 

Trademarks Act & Commentary, 2019 ed.

Roger T. Hughes, Toni P. Ashton, and Sanjukta Tole

“With the proclamation of Bill C-86 on December 13, 2018, the Trade-marks Act is amended such that:

  • a statutory body is now created to regulate IP professionals
  • new grounds of expungement and opposition based on “bad faith” are added
  • certain rights associated with Official Marks are now restricted
  • proof of use is required to enforce trademarks that have been registered for less than three years
  • cost consequences are contemplated against the losing party in proceedings before the Trademarks Opposition Board
  •  leave from the Federal Court of Canada would be required to file new evidence in appeals from decisions of the Trademarks Opposition Board

This trademark law desktop reference for IP practitioners, agents and clerks brings together the full text of the Trademarks Act and Regulations, selected provisions of other governing legislation, suggested forms and other practice-related materials. The year in review and introductory commentary fully updates you on legislative, jurisprudential and practice developments.”

 

Canadian Tort Law, 11th ed.

Allen M. Linden, Bruce Feldthusen, Margaret Isabel Hall, Erik S. Knutsen, and Hilary Young

“When Canadian Tort Law was first published in 1972, it became the first treatise on the law of torts in Canada. The eleventh edition continues the standard of excellence achieved by each previous edition. As the treatise most commonly cited by the Supreme Court of Canada and other Canadian courts, Canadian Tort Law has greatly influenced the development of tort law in Canada.

The text has been updated and in places substantially re-written to reflect changes in tort law in the past few years. In addition to incumbent author Bruce Feldthusen, three new leading scholars of Canadian tort law have added their expertise – Erik Knutsen on causation, Margaret Hall on nuisance and Hilary Young on defamation. Coverage includes:

  • Detailed discussion of every facet of tort law, including intentional torts and negligence – explaining the law from a uniquely Canadian perspective
  • Details of all important appellate caselaw from the last five years – keeping you current on decisions that impact how torts cases are approached
  • Simple, straightforward prose – clarifying complex theoretical issues”

 

Canada Business Corporations Act & Commentary, 2019/2020 ed.

Fasken Martineau DuMoulin LLP

“This concise guide to the corporate law on federal business corporations contains the full text of the Canada Business Corporations Act and other key pieces of legislation, supplemented with Introductory Notes and Overview Commentary.

Features include:

  • A 100+ page Overview Commentary on federal business corporations
  • Expert introductory notes to all legislation
  • Most up-to-date legislation, forms, information sheets and policy statements
  • Concordance of the current Act to its provincial equivalents”

 

The 2019 Annotated Bankruptcy and Insolvency Act

Lloyd W. Houlden, Geoffrey B. Morawetz, and Janis P. Sarra

“The Annotated Bankruptcy and Insolvency Act continues to be the resource you can rely on for authoritative guidance and current law and policy at a moment’s notice. This practical softcover is a condensed version of the five-volume classic Bankruptcy and Insolvency Law of Canada, 4th Edition. It’s the perfect quick reference you can rely on for immediate access to primary law and concise commentary.

This release includes all recent legislative amendments.  Also included is the following recent case law dealing with the Bankruptcy and Insolvency Act and Companies’ Creditors Arrangement Act:

  • Re Saran, 2018 CarswellOnt 7602, 60 C.B.R. (6th) 296, 2018 ONSC 2998 (Ont. S.C.J.)
  • Syndic de Gestion PR Maintenance inc., 2018 CarswellQue 3867, EYB 2018-294210, 2018 QCCS 1989 (C.S. Que.)
  • Re Hammad, 2018 CarswellAlta 817, 2018 ABQB 334 (Alta. Q.B.)
  • Rosas v. Toca, 2018 CarswellBC 1238, 60 C.B.R. (6th) 1, 2018 BCCA 191 (B.C. C.A.), additional reasons 2018 CarswellBC 1965, 62 C.B.R. (6th) 8, 2018 BCCA 306 (B.C. C.A.)
  • Third Eye Capital Corporation v. Ressources Dianor Inc./Dianor Resources Inc., 2018 CarswellOnt 3694, 141 O.R. (3d) 192, 57 C.B.R. (6th) 171, 2018 ONCA 253, [2018] O.J. No. 1381 (Ont. C.A.)
  • Re Wadden, 2018 CarswellNS 656, 63 C.B.R. (6th) 242, 2018 NSSC 217 (N.S. S.C.)
  • Re MacIntyre, 2018 CarswellAlta 908, 60 C.B.R. (6th) 252, 2018 ABQB 380, [2018] A.J. No. 615 (Alta. Q.B.)
  • Esfahani v. Samimi, 2018 CarswellOnt 8804, 61 C.B.R. (6th) 24, 2018 ONCA 516 (Ont. C.A.)
  • Century Services Corp. v. LeRoy, 2018 CarswellBC 1782, 61 C.B.R. (6th) 175, 2018 BCCA 279 (B.C. C.A.)
  • Babcock v. Murano, 2018 CarswellOnt 14088, 64 C.B.R. (6th) 128, 2018 ONSC 5079 (Ont. S.C.J.)
  • Re Siler, 2018 CarswellAlta 1163, 2018 ABQB 465 (Alta. Q.B.)
  • Business Development Bank of Canada v. Pine Tree Resorts Inc., 2013 CarswellOnt 5026, 115 O.R. (3d) 617, 100 C.B.R. (5th) 91, 2013 ONCA 282, [2013] O.J. No. 1918 (Ont. C.A.)
  • Industrial Alliance Insurance and Financial Services Inc. v. Wedgemount Power Limited Partnership, 2018 CarswellBC 1565, 60 C.B.R. (6th) 267, 2018 BCSC 970 (B.C. S.C.), affirmed 2018 CarswellBC 1788, 61 C.B.R. (6th) 196, 2018 BCCA 283 (B.C. C.A.).
  • Reciprocal Opportunities Incorporated v. Sikh Lehar International Organization, 2018 CarswellOnt 14182, 63 C.B.R. (6th) 169, 2018 ONCA 713 (Ont. C.A.)”

Sources: Irwin Law, LexisNexis, Thomson Reuters