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Arbitration Law of Canada provides the busy lawyer and arbitrator with a handy day to day reference work. This is a comprehensive treatise on the law and practice of arbitration in Canada. The text covers all aspects of commercial arbitration: when to choose arbitration; how to draft an effective arbitration clause; how to choose an arbitrator; the legal and practical aspects of arbitrating in Canada under both the UNCITRAL Model Law as well as domestic legislation, and enforcing awards in Canada, regardless of the jurisdiction in which they were made. The book covers arbitration law in all the Canadian Provinces. It is not only a definitive legal text, but has been designed and organized to be a handy reference text for arbitration practitioners. The second edition includes a revised and expanded index, a complete index of cases, and a number of additional "practice notes". The chapters dealing with court involvement in arbitration, challenges and recognition of awards, have been extensively revised to take into account the numerous court decisions released since the last edition.
Includes section "Book reviews."
Drawing on historical records of women’s varying experiences as litigants, accused criminals, or witnesses, this book offers critical insight into women’s legal status in nineteenth-century Canada. In an effort to recover the social and political conditions under which women lobbied, rebelled, and in some cases influenced change, Petticoats and Prejudice weaves together forgotten stories of achievement and defeat in the Canadian legal system. Expanding the concept of “heroism” beyond its traditional limitations, this text gives life to some of Canada’s lost heroines. Euphemia Rabbitt, who resisted an attempted rape, and Clara Brett Martin, who valiantly secured entry into the all-male legal profession, were admired by their contemporaries for their successful pursuits of justice. But Ellen Rogers, a prostitute who believed all women should be legally protected against sexual assault, and Nellie Armstrong, a battered wife and mother who sought child custody, were ostracized for their ideas and demands. Well aware of the limitations placed upon women advocating for reform in a patriarchal legal system, Constance Backhouse recreates vivid and textured snapshots of these and other women’s courageous struggles against gender discrimination and oppression. Employing social history to illuminate the reproductive, sexual, racial, and occupational inequalities that continue to shape women’s encounters with the law, Petticoats and Prejudice is an essential entry point into the gendered treatment of feminized bodies in Canadian legal institutions. This book was co-published with The Osgoode Society for Canadian Legal History.
A History of Law in Canada is an important three-volume project. Volume One begins at a time just prior to European contact and continues to the 1860s, Volume Two covers the half century after Confederation, and Volume Three covers the period from the beginning of the First World War to 1982, with a postscript taking the account to approximately 2000. The history of law includes substantive law, legal institutions, legal actors, and legal culture. The authors assume that since 1500 there have been three legal systems in Canada – the Indigenous, the French, and the English. At all times, these systems have co-existed and interacted, with the relative power and influence of each being more or less dominant in different periods. The history of law cannot be treated in isolation, and this book examines law as a dynamic process, shaped by and affecting other histories over the long term. The law guided and was guided by economic developments, was influenced and moulded by the nature and trajectory of political ideas and institutions, and variously exacerbated or mediated intercultural exchange and conflict. These themes are apparent in this examination, and through most areas of law including land settlement and tenure, and family, commercial, constitutional, and criminal law.
Reprint of the original, first published in 1881.
Essays describing the legal profession in the common law world.