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This work is a comprehensive account of the law of torts in Canada and provides complete coverage of the substantive law of torts in common law Canada. The second edition has been completely revised and consolidated into one volume. The chapter on negligence has been divided into several distinct chapters. Previously well-known torts have been reconsidered in light of new decisions appearing in the past ten years, such as those on negligent misrepresentation and qualified privilege.
"This is the first book devoted solely to examining Canadian case authorities and the unique problems that arise from them. It also introduces a new innovative macro-organizational structure for understanding pure economic loss. In doing so, the book brings new insight, explanations, and ways of looking at this complicated subject area."--Publisher.
The most effective way to deal with prostitution has always been hotly debated by governments and women s movements alike. Feminists want it abolished or regulated as sex work; governments have to safeguard public health and order. This book shows how women s movements in Western Europe, North America and Australia have affected politics on prostitution and trafficking of women since the 1970s, asking what made them successful in some countries but a failure in others. It also assesses whether government institutions to advance the status of women - so-called women s policy agencies - have played a key role in achieving policy outcomes favourable to movement demands. Written by an international team of experts and based on original sources, all chapters follow the same framework to ensure comparability. The final chapter offers an overall comparison identifying what makes women s movements successful and women s agencies effective, presenting the case for state feminism .
It is said that a nuisance is an interference with the use and enjoyment of land. This definition is typically unhelpful. While a nuisance must fit this account, it is plain that not all such interferences are legal nuisances. Thus, analysis of this area of the law begins with a definition far too broad for its subject matter, forcing the analyst to find more or less arbitrary ways of cutting back on potential liability. Tort law is plagued by this kind of approach. In the law of nuisance, today's preferred method of cutting back is to employ the notion of reasonableness. No one seems to know quite what 'reasonableness' means in this context, however. This is because, in fact, it does not mean anything. The notion is no more than the immediately recognisable symptom of our inadequate comprehension of the law. This book expounds a new understanding of the law of nuisance, an understanding that presents the law in a coherent and systematic fashion. It advances a single, central suggestion: that the law of nuisance is the method that the common law utilises for prioritising property rights so that conflicts between uses of property can be resolved.
"'Environment in the Courtroom' provides extensive insight into Canadian environmental law. Covering key environmental concepts and the unique nature of environmental damage, environmental prosecutions, sentencing and environmental offences, evidentiary issues in environmental processes and hearings, issues associated with site inspections, investigations, and enforcement, and more, this collection has the potential to make a significant difference at the level of understanding and practice. Containing perspective and insight from experienced and prominent Canadian legal practitioners and scholars, Environment in the Courtroom addresses the Canadian provinces and territories and provides context by comparison to the United States and Australia"--Provided by the publisher.
Co-Published with the Osgoode Society for Canadian Legal History Property on Trial is a collection of 14 studies of Canadian property law disputes -- some well-known, some more obscure -- that have helped to shape the contours of the principles and rules of property law over 150 years. These studies, written by some of Canada's leading legal historians, range in time from a discussion of a nineteenth-century dispute over the ownership of seal pelts in Newfoundland to modern questions of what constitutes private property in a digital age. They investigate the relationship between private and public interests in property; the limits of private property owners' rights in relation to others, particularly neighbours and family; and the intersection of property law principles with other branches of the law, including criminal law, family law, and human rights. The authors describe, in rich detail, the social, cultural, and political contexts in which the events unfolded, the backgrounds and personalities of the litigants, the skills of the lawyers, and the judicial attitudes of the day. On the one hand, Property on Trial is a collection of thoughtful and compelling stories about conflict in a wide variety of contexts, each with its own heroines and heroes, villains and ne'er-do-wells, winners and losers. On the other, it is an insightful look at the history of property law doctrine in Canada.