Collection Development

New Journal Issues- January 2019

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By Sara Stanley

National Insolvency Review
Volume 35, Number 6 (December 2018)

Appellate Court Casts Doubt on Finality of Vesting Orders / Brendan Bissell and Jennifer Stam

Receiver of Insolvent Power Generation Company in British Columbia Wins Battle with BC Hydro- Allowing Dispute to be Heard by the Court Instead of by Arbitration / Michael Nowina and Christina Doria

Commercial Insolvency Reporter
Volume 31, Number 2 (December 2018)

Concordia International Corp.’s Canada Business Corporations Act Proceedings Explained / Linc Rogers and Aryo Shalviri

The Queen v. Callidus Capital Corporation Overturned: Lenders Breathe a Sigh of Relief, but for How Long? / Michael J. Hanlon, Jeffrey Levine, Eric Valliéres and Emile Catimel-Marchand

Banking and Finance Law Review
Volume 34, Number 1 (December 2018)

A Regulatory Diagnostic Toolkit for Digital Financial Services in Emerging Markets / Louise Malady, Ross P. Buckley, Anton Didenko and Cheng-Yun Tsang

The Sandbox of the UK Financial Conduct Authority as Win-Win Regulatory Device? / Renato Mangano

Open Banking: Canadian and International Developments / Ana Badour and Domenic Presta

Back to Normal? Ontario Court of Appeal Overturns ClearFlow Decision on Interest Disclosure under Section 4 of the Interest Act / Michael Disney, Carol D. Pennycook and Derek R.G. Vesey

Book Review: Bankruptcy and the U.S. Supreme Court / Virginia Torrie

Money, Payment Systems and the European Union: The Regulatory Challenges of Governance / George A. Papaconstantinou

International and Comparative Secured Transactions Law: Essays in Honour if Roderick A. Macdonald / Tamara M. Buckwold

Insider Trading and Market Manipulation: Investigating and Prosecuting Across Borders / Gail e. Henderson

McGill Law Journal
Volume 63, Number 1 (December, 2018)

Separate but Unequal: Immigration Detention in Canada and the Great Writ of Liberty / Siena Anstis, Joshua Blum and Jared Will

Seeking Justice by Plea: The Prosecutor’s Ethical Obligations During Plea Bargaining / Palma Paciocco

Drawing the Line between Lay and Expert Opinion Evidence: Jason M. Chin, Jan Tomiska and Chen Li

The Regulation of Hateful and Hurtful Speech: Liberalism’s Uncomfortable Predicament / Jocelyn Maclure

<< Why Couldn’t You Just Keep Your Knees Together?>> L’obligation déontologique des juges face aux victims de violences sexuelles / Michaël Lessard

Manitoba Law Journal
Volume 41, Number 1 (2018)

Guth Lecture 2018: Statutory Interpretation- Then and Now / Richard H. Hemholz

Evaluating Manitoba’s Automobile Injury Mediation Pilot Project / Jennifer L. Schulz

Law Students’ Responses to Innovation: A Study of Perspectives in Respect of Digital Knowledge Transmission, Flipped Classrooms, Video Capsules and Other Means of Classroom Dissemination / Richard Jochelson and David Ireland

A Horse Gallops Down a Street… Policing and the Resilience of the Common Law / John Burchill

The Constitutionality of the Federal Carbon Pricing Benchmark & Backstop Proposals / Bryan P. Schwartz

Public Inquiries’ Terms of Reference: Lessons from the Past- And for the Future / Gerard J. Kennedy

It’s Here, but it was Never “Brought into the Jurisdiction”?: The Policy Implications of Re: Hughes on Issues of Conflict-of-Laws Under the PPSA / Darcy L. MacPherson

Farm Debt Compromises During the Great Depression: An Empirical Study of Applications Made Under the Farmers’ Creditors Act in Morden and Brandon, Manitoba / Virginia Torrie

Saved by the Bell: The 2015 Legislative Assembly Rules Changes / Ben Wickstrom

Bill 203: The Legal Profession Amendment Act (Queen’s Counsel Appointments) /Yassir Alnaji

The Enactment of Bill 5, The Francophone Community Enhancement and Support Act: A Proud Moment for Manitoba / Constancia Smart-Carvalho

Canadian Family Law Quarterly
Volume 38, Number 1 (December 2018)

Why Does Quebec Family Law Seem So Different in the Eyes of Canadian Common Law Lawyers? But How Different Is It Actually? / Dominique Goubau

The Use of Spousal Support Review Orders in Canada / Jane M. Reid and Scott L. Booth

Severable Offers: Resolving Issues in Family Litigation Like Beads on a String / Mary-Jo Maur

Challenging the Use of Police Enforcement Clauses in Ontario / Kate Mitchell

The Criminal Law Quarterly
Volume 66, Number 3 (December 2018)

Editorial: Pardons, Expungements and Unjust Convictions

Reform of the Defence of Duress (and Necessity) / Steve Coughlan et al

Residential School Syndrome and the Sentencing of Aboriginal Offenders in Canada / David Milward

A “Bad Rap”: R. v. Skeete and the Admissibility of Rap Lyric Evidence / Ngozi Okidegbe

Ignorance of the Law IS an Excuse Revisiting the Concept of “Legal Impossibility” and U.S.A. v. Dynar / Nick Kaschuk

Does R. v. Wong Apply to Applications to Withdrawal a Guilty Plea Before a Trial Judge / Judge Wayne Gorman

Dalhousie Law Journal
Volume 41, Number 1 (Spring 2018)

Physicians’ Attitudes, Concerns, and Procedural Understanding of Medical Aid-in-Dying in Vermont / Teresa Ditomasso, Ari P. Kirshenbaum and Brendan Parent

Foreseeably Unclear: The Meaning of the “Reasonably Foreseeable” Criterion for Access to Medical Assistance in Dying in Canada / Jocelyn Downie and Kate Scallion

Legalizing Assisted Dying: Cross Purposes and Unintended Consequences / Emily Jackson

Trying and Dying: Are Some Wishes at the End of Life Better than Others? / Oliver J. Kim

A Comparative Analysis of Voluntariness Safeguards and Review Procedure under Oregon and the Netherlands’ Physician Assisted Dying Laws / Michaela Estelle Okininski

Euthanasia by Organ Donation / Michael Shapiro

Questioning POLST: Practical and Religious Issues / Lloyd Steffen

Legal History and Rights for Nonhuman Animals: An Interview with Steven M. Wise / Angela Fernandez

The Stakes in Steak: Examining Barriers to and Opportunities for Alternatives to Animal Products in Canada / Angela Lee

The Animal Protection Commission: Advancing Social Membership for Animals through a Novel Administration Agency / John MacCormick

Canadian Tax Journal
Volume 66, Number 1 (2018)

Electing into a Value-Added Tax: Evidence from Ontario Microentrepreneurs / Emily A. Satterthwaite

Proportionality and the Train of Inquiry in Tax Court Discovery: A Search for the End of the Line / David Jacyk and Pooja Mihailovich

Equalization and Canada’s Fiscal Constitution- The Ties That Binds? / Richard M. Bird

Finances of the Nation: “Final and Unalterable” – But Up for Negotiation: Federal-Provincial Transfers in Canada / Trevor Tombe

Current Cases: (FCA) Canada v. MacDonald; (FCA) Canada v. Rio Tinto Alcan Inc.; (ONCA) Canada Life Insurance Company of Canada v. Canada (Attorney General); (BCSC) 5551928 Manitoba Ltd. (Re) / Jeremie Beitel, Carrie Aiken, Rami Pandher, and Britta Graverson

International Tax Planning: Tax Treaty Abuse and the Principal Purpose Test- Part 2 / David G. Duff

Personal Tax Planning / / Planification fiscal personelle: Credit Where Its Due: Tax Credits for Elder-Care Expenses and Other Tax Considerations / Le crédit à ceux qui le méritent : Les credit d’impôt pour frais de soins aux aînés et autres considerations fiscales / Lucie Chanpagne and Gael Melville

Selected US Tax Developments: The Impact of US Tax Reform on Canada-US Mergers and Acquisitions / Peter A. Glickich and Gregg M. Benson

Current Tax Reading / Robin Broadway and Kim Brooks

The Advocate
Volume 77, Part 1 (January 2019)

On the Front Cover: Nancy Merrill, Q.C. / Mary E. Mowat

It’s Never Too Early to Start Giving Back / Elisabeth A. Sadowski

Family Law Arbitration: Five Years Later / Georgialee Lang

Welcome to the Machine? Considering the Ethics of Legal Technology / Kevin Smith

New titles at the Law Society of Saskatchewan Library

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By Sarah Roussel-Lewis

Here are a few of the new titles (Markham: LexisNexis, 2013) we’ve received at the Law Society of Saskatchewan Library in Regina. As they are all new editions, they contain pertinent new case law and commentary. Quotes highlighting each title are taken from the preface, forward or blurb.

The Law of Investigative Detention, 2nd ed, by Alec Fiszauf

“This pioneering text has been fully updated and continues to provide in-depth coverage of the latest case law and practice development in the law of investigative detention.”

Collective Agreement Arbitration in Canada, 5th ed, by Ronald M. Snyder & Earl Edward Palmer

“This fifth edition … canvasses new and developing workplace issues that have garnered increased attention by labour arbitrators since the publication of the 2009 Edition of this Treatise.”

Legal Opinions in Commercial Transactions, 3rd ed, by Wilfred M. Estey

“…most of the chapters have been substantially rewritten to reflect developments in opinion-giving practice and in the substantive law which underlies many opinions and the qualifications thereto.”

Lawyers’ Professional Liability, 3rd ed, by Stephen Grant, Linda Rothstein & Sean Campbell

“Much has changed in the last 15 years and the authors have rewritten every chapter…”

“Of particular importance are updates on conflicts of interest, expert evidence, damages, liability to third parties and class proceedings.”

Ramsay on Technology Transfer, 3rd ed, by John T. Ramsay

“This book is intended to be a ‘primer’ for non-specialist legal practitioners and entrepreneurs who are protecting and commercializing technology and related intellectual property rights.”

The Law of Guarantee, 3rd ed, by Kevin McGuiness

“The new edition incorporated a good deal of discussion of the types of contract language likely to be found in guarantees and similar instruments, and seeks to relate the clauses concerned directly to the case law.”

Arrant Scandal in the Digital Stacks!

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stackBy Alan Kilpatrick

Last week, I travelled to the annual Saskatchewan Library Association Conference.  I attended an engaging session on ebooks and the future of libraries called From Gatekeeper to Gardener: the E-publishing Revolution.   James LaRue, the former director of Douglas County Libraries (DCL), presented the session.  James is a frequent speaker on library and technology issues.  DCL is a public library system in Colorado that has had a great deal of success with ebooks.  DCL is often described as having gone from being the worst public library system in America to being the best public library system as a result of this ebook success.

During the session, James explained that “a revolution in publishing presents either a tremendous opportunity or tremendous threat to the viability of libraries.”  It is widely known that ebooks are becoming increasingly popular.  Demand for ebooks is astounding and the number of ebooks published has increased exponentially.  Unfortunately, the popularity of ebooks forces an existential challenge on libraries.  Librarians have blogged about this ebook crisis frequently in recent years:

According to James, the fundamental challenges libraries face with ebooks are:

  • Loss of ownership and access
  • High cost
  • Sacrificing the user experience

Libraries have few options when it comes to purchasing ebooks.  Large publishers have little incentive to sell ebooks to libraries at favourable terms.  Publisher ebook licenses often dictate a library does not own its ebook collection.  Rather, these licences dictate that libraries lease a sort of temporary access.  When a library decides to unsubscribe, the ebook collection disappears from the collection.  Cost is a major challenge as ebooks are far more expensive for libraries than they are for individual consumers.  The conference session also suggested that libraries are sacrificing a smooth user experience.  Ebooks are usually inaccessible from a library’s catalogue.  Library patrons are required to leave the library website in order to access ebooks.  This situation, James asserted, is a scandal.  Libraries are giving up access, ownership, and the user experience.

Librarians need to resolve these challenges.  Otherwise, the continued relevance of libraries is at grave risk.

DCL has worked to resolve these challenges through an ebook experiment.  The library developed new software with the Adobe Content Server to create a single library catalogue that can access print and ebook resources.  Next, the library began purchasing self-published ebooks and ebooks from smaller publishers that were keen to collaborate with the public library.  Finally, DCL worked with a lawyer to create an alternative agreement to traditional ebook licenses.  This alternative understanding allows DCL to own the ebooks it purchases.  To date, over 900 publishers have agreed to sell ebooks to DCL based on this alternative agreement.

Canadian law libraries face unique challenges acquiring legal ebooks.  Legal publishers in Canada have been to slow to respond and lagged far behind fiction publishers in creating ebooks.  However, the DCL ebook experiment demonstrates that success is possible.

The Law Society of Saskatchewan Library has been working persistently to navigate the challenges associated with legal ebooks.  Our mission is to provide Saskatchewan lawyers with the high quality and authoritative legal ebooks they need to practice law.  Recently, we conducted a one month trial with Emond Montgomery’s Working with the Law Series.  Based on the positive feedback received, the library purchased the entire series.  They are available in the Members’ Section.  Some of the Emond Montgomery titles include:

  • Criminal Law for Legal Professionals
  • Family Law: Practice and Procedure
  • Wills and Estates
  • Civil Litigation
  • Fundamentals of Contract Law

The Law Society of Saskatchewan Library also subscribes to the Irwin Law e-library.  This contains over 100 legal ebooks and the Essentials of Canadian Law Series.  It is available in the Members’ Section as well.

If you have any questions about ebooks, feel free to contact the library at reference@lawsociety.sk.ca or (306) 569-8020.  Please leave a comment letting us know what you think about ebooks.

 

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New Ebooks Added to Collection

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By Melanie Hodges Neufeld

Earlier this year, we offered our members a one-month free trial of several ebook publications from the Working With the Law series by Emond Montgomery. Due to positive feedback, we have acquired the complete series of over 30 titles and it is now available in the Members’ Section. There are titles from several areas of the law including:

  • Criminal Law for Legal Professionals
  • Family Law: Practice and Procedure
  • Wills and Estates
  • Civil Litigation
  • Fundamentals of Contract Law

If you have any suggestions for other resources the library should acquire, please contact Melanie Hodges Neufeld at melanie@lawsociety.sk.ca.

Driedger on Statutes did you say?

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When Saskatchewan lawyers want a text on statutory interpretation, they usually ask for Driedger on the Construction of Statutes, a work by Professor Elmer A. Driedger, from Osler, Saskatchewan, first published in 1974 by Butterworths, with a second edition appearing in 1983. The word “construction” here means interpretation, implying inquiry into both the meaning and of legal effect of a statute. But is Driedger’s book the one folks are actually looking for? Perhaps not.

In 1994 Butterworths published Driedger on the Construction of Statutes: Third Edition by Ruth Sullivan. According to Professor Sullivan’s Foreword, the third edition “bears little resemblance to the previous editions.” While the text maintains Driedger’s objective and many aspects of his approach, the book is, according to Sullivan, more comprehensive. “Whereas Drieger’s account was positivist and purported to constrain judges,” says Sullivan, “mine is more fluid and more reflective, I believe, of the real complexity of interpretation.” In the fourth edition (2002), Sullivan continues to expand the scope and content of the work, while further shifting the emphasis to reflect the pragmatic practices of contemporary Canadian courts. In the Fifth Edition (2008), Driedger’s approach to statutory construction remains a deep stratum, but the book’s content has been re-written to the extent that Professor Sullivan is now the sole author. LexisNexis is to launch a 6th edition in 2014.

So here is a situation where successive editions of a book have spawned a new work. When you ask your law library for a copy of “Driedger on the Construction of Statutes” – do you mean the 1st or 2nd edition of Driedger’s classic? Or the latest edition of Sullivan? Or perhaps one of the Driedger/Sullivan hybrids?

Canadian law libraries would do well to keep at least one copy of each edition of Driedger/Sullivan on statutory construction in their collections!