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Irwin Law

Irwin Law
The latest books from Iwrin Law
  • International and Transnational Criminal Law

    Foreword by William Schabas

    International and Transnational Criminal Law by Robert J. Currie offers an overview of those branches of international law commonly referred to as "international criminal law" (ICL) and "transnational criminal law" (TCL). It surveys the history and major developments behind a major legal and philosophical force of the twentieth century: that individuals can be liable for horrendous crimes that are committed, not just against the criminal laws of a single state, but against international law and thus the entire world community.

    In his treatment of ICL, Professor Currie examines the major international crimes—genocide, crimes against humanity, war crimes, and aggression—against the backdrop of those international courts set up to deal with these crimes, such as the Nuremberg and Tokyo Tribunals, the UN ad hoc tribunals, and the International Criminal Court. The discussion of TCL focuses on conduct that is considered to be criminal by the domestic law of states, but which has aspects affecting more than one state. The book reviews the major international law regimes designed to deal with transnational crime in such areas as narcotics trafficking, terrorism, transnational organized crime, corruption and cybercrime.

    However, as it is part of the "Essentials of Canadian Law" series, a major goal of the book is to explore fully the nexus between these bodies of international law and Canadian domestic law—and help Canadian courts and lawyers engage successfully with the international aspects of the cases they work on. Accordingly, the book contains: a stand-alone chapter on the prosecution of international crimes before Canadian courts; a detailed examination of how the various transnational crime treaties are implemented in Canadian law; and a full chapter on Canadian extradition and mutual legal assistance law and practice.

    The book also contains a number of unique contributions to Canadian legal literature, including:

    -          the first published analysis of the trial judgment in R. v. Munyaneza, Canada’s first genocide prosecution;

    -          the most detailed study yet published of criminal cases with transnational elements, including the use of the Libman test for jurisdiction by courts;

    -          a chapter to dedicated to exploring the difficult issue of how Canada’s human rights obligations interact with international criminal co-operation such as extradition;

    -          a study of the Supreme Court of Canada’s controversial decision in R. v. Hape, and a look at the fallout from the court’s approach to extraterritorial jurisdiction in that case.

    International and Transnational Criminal Law brings together in one text a number of disparate but related topics that are of increasing importance in a world of globalized crime. However, it is accessibly written in an effort to communicate the basics of a sometimes rarified field. Therefore, it will prove useful to teachers, students, practitioners, judges and policy-makers alike.

     

    Summary Table of Contents

    Foreword by William Schabas

    Chapter 1 — Introduction: "Convergence of Disciplines"

    Chapter 2 — Jurisdiction Over International and Transnational Crime

    Chapter 3 — The Core Crimes

    Chapter 4 — Direct Enforcement Against the Core Crimes

    Chapter 5 — Indirect Enforcement: National Prosecution of the Core Crimes

    Chapter 6 — Other International Crimes

    Chapter 7 — Transnational Crimes of International Concern

    Chapter 8 — Transnational Crimes of Domestic Concern

    Chapter 9 — International Criminal Co-operation

    Chapter 10 — International Criminal Co-operation, Human Rights and the Application of the Charter

    Chapter 11 — Immunities from Prosecution

    Table of Cases

    Index

  • Civil Litigation

    Civil Litigation by Professors Janet Walker and Lorne Sossin is a concise narrative of the key elements of the resolution of civil disputes in Canada. It covers all aspects of civil procedure and provides a useful pan-Canadian comparison of legislation and court rules from various jurisdictions. Until now there has not been an introductory work on the subject of civil litigation that places it in the larger institutional, professional, and social context of dispute resolution and which explains its main aspects in a way that is informative to members of the legal community and accessible to the larger community. Civil Ligitation fills that gap.

    … [A] remarkably accessible and sophisticated analysis of the doctrinal issues... [T]his is a book I would be very proud to have written.

                -Hon. Robert J. Sharpe, Court of Appeal for Ontario (from the Foreword)

    SUMMARY TABLE OF CONTENTS

    Foreword

    Preface

    List of court rules

    Chapter 1: Civil Procedure in Context

    Chapter 2: Costs and Access to Justice

    Chapter 3: Commencing a Claim

    Chapter 4: Pleadings

    Chapter 5: The Size and Scope of Litigation

    Chapter 6: Class Proceedings

    Chapter 7: Discovery

    Chapter 8: Privilege

    Chapter 9: Disposition without Trial

    Chapter 10: Pre-trial Relief

    Chapter 11: Civil Justice Reform

    Table of Cases

    Index

  • The Essential Guide to Mooting

    As Canadian law schools continue to expand their mooting programs and increase the emphasis on moot participation, The Essential Guide to Mooting: A Handbook for Law Students will undoubtedly be of great value to their students.

    Mooting is an important step in the development of one’s advocacy and communication skills. This thorough “how-to” guide provides students with a road-map to crafting a successful career as a mooter and future advocate in many different arenas. Using this book as a guide, students will be better prepared to step into their “courtrooms” and present credible and persuasive arguments in a manner corresponding to the finest of advocacy skills. The result will be that the calibre of mooting will only improve and continue to reflect the high quality of those behind the arguments: Canada’s law students.

    Contents

    Foreword

    Preface: Why a Book on Mooting?

    Acknowledgments

    Chapter 1: Setting the Scene: Modern Mooting

    Chapter 2: Preparation

    Chapter 3: Opening Remarks

    Chapter 4: Delivering Submissions

    Chapter 5: Terminology and Phrases

    Chapter 6: Dealing with Questions

    Chapter 7: Other Matters

    Chapter 8: Conclusion

    Appendix A: Moot Problem from the 2009–2010 Harold G. Fox Intellectual Property Moot

    Appendix B: Sample Fact Sheet for Student Mooters

    Appendix C: The Official Rules for the 2009–2010 Harold G. Fox Intellectual Property Moot

    Appendix D: Tips for Drafting a Motion

    Appendix E: Additional Readings

    Glossary

     

  • The Lunatic and the Lords

    On January 20, 1843 a wood turner named Daniel M’Naughten shot Edward Drummond, secretary to Prime Minister Sir Robert Peel. Drummond died a few days later and M’Naughten’s murder trial at the Old Bailey became the leading story of the day as reported in painstaking detail by The Times. Drummond came from a noble Scottish family, related to Queen Victoria, and with significant banking interests in the City. It was revealed at trial that M’Naughten’s intended victim was in fact the Prime Minister. Both the Crown and the accused were represented by leading barristers with the Lord Chief Justice of England presiding. According to The Times, extra constabulary were required to manage the crowds seeking access to the court’s gallery. It was a spectacle.

    However, this compelling story might only have been an historical footnote were it not for the verdict of not guilty by reason of insanity and fallout that ensued. The verdict so outraged the Queen that she ordered a committee of the House of Lords to review the court’s decision. The result was the so-called ‘M’Naughten Rules’ which formed, and continue to form, the basis of the insanity defence in England and most English-speaking jurisdictions around the world including the United States. The rules also remain extremely controversial.

    The Lunatic and the Lords, by Richard Schneider is a riveting account of the events surrounding Drummond’s murder, M’Naughten’s trial at the Old Bailey, and its aftermath. But it is also an analysis of the legacy of M’Naughten’s case in the context of contemporary criminal law and medical science. Few authors are better suited to this task. Richard Schneider is a former criminal lawyer and clinical psychologist who now, as a judge of the Ontario Court of Justice, presides at the Mental Health Court in Toronto where M’Naughten’s case is of relevance on a daily basis. In the course of telling M’Naughten’s story, Schneider describes the evolution of the notion of criminal responsibility as it applies to mental disorder, and the not always comfortable interface between the criminal justice system and medicine.

  • Making Equality Rights Real

    In the two decades since Section 15 of the Canadian Charter of Rights and Freedoms came into effect, the right to equality has been one of the most hotly contested Charter rights, being disputed in over 350 reported court cases across Canada. It is a right that in very short order has become deeply engrained in Canadian legal, political, and social discourse. It has become a bedrock value, fundamentally reflecting and shaping how Canadians view themselves and their society.

    Making Equality Rights Real critically assesses the state of equality jurisprudence from many angles. Collectively, these 13 essays attempt to advance substantive equality as section 15 of the Charter moves into its second generation. Each of the papers in this collection aims to deepen our understandings of the dynamics of inequality and oppression and so produce a richer more nuanced legal framework for eradicating discrimination and promoting substantive equality. With only two decades’ experience with Charter equality litigation, the project to secure substantive equality remains a work in progress.

    For the 2009 paperback edition of Making Equality Rights Real, a new foreword has been added, written by Kim Brooks.

    Table of Contents

    INTRODUCTORY MATERIALS
    Foreword - Kim Brooks
    Preface - The Honourable Claire L’Heureux-Dubé
    Introduction: In Pursuit of Substantive Equality - Fay Faraday, Margaret Denike, & M. Kate Stephenson

    PART ONE: WHAT DOES EQUALITY MEAN?
    CHAPTER 1: The Wrongs of Unequal Treatment - Sophia Moreau
    CHAPTER 2: Equality, Comparison, Discrimination, Status - Beverley Baines
    CHAPTER 3: Answering the Siren Call of Abstract Formalism with the Subjects and Verbs of Domination - Sheila McIntyre
    CHAPTER 4: Discrimination and Dignity - Denise G. Réaume
    CHAPTER 5: Law v. Meiorin: Exploring the Governmental Responsibility to Promote Equality under Section 15 of the Charter - Melina Buckley

    PART TWO: EQUALITY CLAIMS IN CONTEXT
    CHAPTER 6: Women Are Themselves to Blame: Choice as a Justification for Unequal Treatment - Diana Majury
    CHAPTER 7: The Law Test for Discrimination and Gendered Disability Inequality - Fiona Sampson
    CHAPTER 8: Equality Rights and the Charter: Reconceptualizing State Accountability for Ending Domestic Violence - Melanie Randall
    CHAPTER 9: The Denial of the Means of Subsistence as an Equality Violation - Gwen Brodsky & Shelagh Day
    CHAPTER 10: The Supreme Court, The Law Decision, and Social Programs: The Substantive Equality Deficit - Judith Keene

    PART THREE: SHIFTING AND BLENDING PARADIGMS: THE CHARTER, STATUTORY HUMAN RIGHTS, AND INTERNATIONAL HUMAN RIGHTS
    CHAPTER 11: Postcards from O’Malley: Reinvigorating Statutory Human Rights Jurisprudence in the Age of the Charter - Leslie A. Reaume
    CHAPTER 12: Formulaic Comparisons: Stopping the Charter at the Statutory Human Rights Gate - Andrea Wright
    CHAPTER 13: International Law as a Strategic Tool for Equality Rights Litigation: A Cautionary Tale - Jennifer Koshan

    APPENDICES: LEAF FACTA
    APPENDIX A: Newfoundland (Treasury Board) v. N.A.P.E.
    APPENDIX B: Auton (Guardian ad litem of) v. British Columbia (Attorney General)
    Contributors
    Index

  • Child Support Guidelines in Canada, 2009

    Child Support Guidelines in Canada, 2009 has been updated from the 2006 edition. New text and a substantial number of new cases have been added to the existing commentary. The book is current to 1 May 2009. There is a new chapter on evidence, procedure, and costs.

    Child Support Guidelines is written primarily for practising lawyers and judges who serve in the trenches of family law. The objectives of this text are to provide a comprehensive analysis of the case law, to produce order out of chaos, and to provide a quick and efficient means for readers to gain access to pertinent information on all aspects of the Federal Child Support Guidelines and corresponding provincial guidelines. The emphasis is on analysis and description, not advocacy. Efforts have been made to cite all of the most recent relevant cases from every province and territory.


    Summary Table of Contents
    Preface
    Acknowledgments
    Caveat
    CHAPTER 1: CRITERIA AND OBJECTIVES OF CHILD SUPPORT
    CHAPTER 2: JURISDICTION
    CHAPTER 3: DEFINITIONS OF “CHILD OF THE MARRIAGE”; ADULT CHILDREN; OBLIGATION OF DE FACTO PARENT
    CHAPTER 4: DETERMINATION OF INCOME; DISCLOSURE OF INCOME
    CHAPTER 5: SPECIAL OR EXTRAORDINARY EXPENSES
    CHAPTER 6: SHARED PARENTING ARRANGEMENTS
    CHAPTER 7: UNDUE HARDSHIP
    CHAPTER 8: IMPACT OF CHILD SUPPORT ON SPOUSAL SUPPORT
    CHAPTER 9: LOW AND HIGH INCOME EARNERS; ANNUAL INCOME OVER $150,000
    CHAPTER 10: EFFECT OF ORDER OR AGREEMENT OR OTHER ARRANGEMENT THAT BENEFITS CHILD; CONSENT ORDERS
    CHAPTER 11: FORM AND TYPES OF ORDER
    CHAPTER 12: EFFECT, REGISTRATION AND ENFORCEMENT OF CHILD SUPPORT ORDERS
    CHAPTER 13: VARIATION, RESCISSION OR SUSPENSION OF CHILD SUPPORT ORDERS
    CHAPTER 14: EVIDENCE; PROCEDURE; COSTS
    CHAPTER 15: APPEALS
    APPENDIX 1: Divorce Act
    APPENDIX 2: Federal Child Support Guidelines
    Table of Cases
    About the Authors

  • The Law of Partnerships and Corporations

    This accessible and practical reference provides an overview of the essential features of the law governing business organizations in Canada. Anthony VanDuzer discusses both the internal and external functions and relationships of business organizations, and the laws that govern them. The book is a comprehensive and up-to-date guide for practitioners and business people setting up and using sole proprietorships, partnerships, and corporations in Canada. As well, it provides a thorough introduction to the theory and practice of corporate and partnership law.

    Features of the third edition:

    • Revised to reflect recent major amendments to the Ontario Business Corporations Act (2007), the Alberta Business Corporations Act (2005) and the new British Columbia Business Corporations Act (2004);
    • Expanded discussion of the revised rules for limited liability partnerships and professional corporations in each province;
    • Discussion of more than 100 new cases including the Supreme Court of Canada’s decisions in Strother, Levis, Danier Leather, Peoples and BCE;
    • Analysis of the 2004 amendments to the Criminal Code expanding the bases upon which corporations and other forms of business organizations may be held criminally responsible;
    • Revised and expanded discussion of the duties of directors and officers in light of Supreme Court of Canada decisions in BCE and Peoples;
    • Discussion of new securities rules for corporate governance;
    • New chapter on corporate governance in theory and practice; and
    • Updated and revised chapter on corporate social responsibility.

     

    Summary Table of Contents

    Foreword to the First Edition by Ronald J. Daniels
    Acknowledgments
    List of Statutes, Regulations, and Abbreviations

    CHAPTER 1: Introduction
    CHAPTER 2: Partnerships
    CHAPTER 3: Introduction to Corporate Law
    CHAPTER 4: Incorporation: Considerations and Process
    CHAPTER 5: The Corporation in Action
    CHAPTER 6: Shares
    CHAPTER 7: Management and Control of the Corporation: The Basic Legal Framework
    CHAPTER 8: Corporate Changes and Reorganizations       

    CHAPTER 9: Duties and Liabilities of Directors and Officers
    CHAPTER 10: Shareholder Remedies
    CHAPTER 11: The Public Corporation and Securities Law

    CHAPTER 12: Corporate Governance in Theory and Practice
    CHAPTER 13: Corporate Social Responsibility

    Glossary
    Table of Cases
    Index

  • The Conduct of Public Inquiries

    Public inquiries have played a prominent role throughout Canadian history. Commissions of inquiry have contributed to the development of diverse public policies such as public broadcasting, universal health care, bilingualism and multi-culturalism, free trade, and employment equity. But it is in extraordinary circumstances that their unique investigative features are required: the conviction and imprisonment of innocent people; mining disasters; the murder of hundreds of Canadians through the bombing of an international flight; corruption on the part of government officials; or impropriety on the part of a former prime minister.

    This book is the first comprehensive, integrated, and thorough exposition of the public inquiry as a governmental, legal and social institution. It examines the legal framework, the role of the commissioner and legal counsel, the rights and obligations of individuals who may be affected and its relationship to government, the media and the public. It analyzes the entire process from its inception through every stage to and after the final report.

    Guidance and advice are provided at every step with graphic illustrations from past inquiries, such as the conduct of commissioners, ranging from exemplary to egotistical and arrogant. Difficult problems are analyzed such as the conflicting role of commission counsel, who must appear to be impartial but may have to engage in aggressive cross-examination. Practical solutions to such problems are also proposed.

    Summary Table of Contents

    Foreword 

    Preface 

    Table of Authorizing Statutes 

    Table of Past Commissions of Inquiry 

    chapter 1: Introduction 

    chapter 2: Nature and Purpose of Commissions of Inquiry 

    chapter 3: Some Canadian Commissions of Inquiry 

    chapter 4: Establishing a Commission of Inquiry 

    chapter 5: Role of the Commissioner 

    chapter 6: Role of Counsel 

    chapter 7: The Legal Framework 

    chapter 8: The Conduct of Hearings 

    chapter 9: Final Report 

    chapter 10: Policy/Advisory Commissions 

    Table of Cases 

    Index 

  • Youth Criminal Justice Law

    The way in which the justice system responds to young persons who violate the criminal law is profoundly significant, not only for those who are directly involved in the process but also for society as a whole. A society’s response to young offenders conveys important messages about its attitudes to youth and has significant implications for its future.

    While the primary focus of this book is on the legal issues that arise in the youth justice system, the book is premised on the belief that youth justice issues must be understood in a broader context. This book includes some discussion of constitutional, evidentiary, and procedural issues that are relevant to youth justice; it also explores some of the ethical and practical issues that confront lawyers and other professionals working in the youth justice system. The book considers the broader social and political context for issues of adolescent offending and youth justice.

    This is the second edition of Youth Criminal Justice Law. The first edition was written by Nicholas Bala before the YCJA came into force, but it has been frequently cited by the courts in interpreting the Act. That earlier work has been substantially revised, with the present edition discussing caselaw interpreting the Act, recent social science literature, and political developments since the YCJA came into force; however, some parts of the earlier text have been incorporated into this edition.

    This book will be of interest to students in law schools, criminology programs, and other related disciplines, as well as lawyers, judges, teachers, probation officers, social workers, mental health professionals, and other justice system professionals. The book is intended to give an introduction to the laws governing young people who come into conflict with the law. It has a particular focus on Canada’s Youth Criminal Justice Act, which came into force in April of 2003.

    Summary Table of Contents

    CHAPTER 1 Responding to Youth Crime in Canada
    CHAPTER 2 Principles for Responding to Young Offenders
    CHAPTER 3 Jurisdiction of the Youth Justice Court
    CHAPTER 4 Arrest, Search, and Questioning by Police, and Pretrial Detention
    CHAPTER 5 Diversion, Extrajudicial Measures, and Conferences
    CHAPTER 6 Lawyers in the Youth Justice Process
    CHAPTER 7 The Youth Justice Court Process
    CHAPTER 8 Sentencing Under the Youth Criminal Justice Act
    CHAPTER 9 Adult Sentencing for Youths
    CHAPTER 10 Canadian Youth Crime in Context

  • The Charter of Rights and Freedoms

    Written by two of Canada’s leading constitutional scholars, no other Canadian book provides such an accessible yet thorough and objective account of the Canadian Charter of Rights and Freedoms. The authors survey the manner in which Canadian courts have come to terms with a constitutionally entrenched bill of rights, focusing on the decisions of the Supreme Court of Canada. The purpose is to explain the Charter, its interpretation by the courts, and its practical application.

    The text has been thoroughly updated to reflect Charter jurisprudence since publication of the third edition in 2005. Notable among those developments are significant changes to the way the Supreme Court has approached the interpretation of equality rights, constitutional remedies, and most recently the rights of the criminally accused.

    Summary Table of Contents

    Preface
    Introduction
    CHAPTER 1: Historical Context
    CHAPTER 2: The Legitimacy of Judicial Review
    CHAPTER 3: Interpretation of the Charter of Rights and Freedoms
    CHAPTER 4: Limitation of Charter Rights
    CHAPTER 5: The Legislative Override
    CHAPTER 6: Application
    CHAPTER 7: Charter Litigation
    CHAPTER 8: Freedom of Conscience and Religion
    CHAPTER 9: Freedom of Expression
    CHAPTER 10: Freedom of Association
    CHAPTER 11: Democratic Rights
    CHAPTER 12: Mobility Rights
    CHAPTER 13: Life, Liberty, and Security of the Person and the Principles of Fundamental Justice
    CHAPTER 14: Charter Rights in the Criminal Process
    CHAPTER 15: Equality
    CHAPTER 16: Language Rights
    CHAPTER 17: Remedies

    Conclusion
    Glossary
    Constitution Acts, 1982
    Table of Cases
    Index
    About the Authors

     

  • The Law School Book

    This new edition of The Law School Book is essential reading for anyone beginning the study of law or for those considering application to law school. Professor Hutchinson explores both the theoretical foundations of the Canadian legal system and the practical demands on law students today with humour and perceptiveness. His aim is to "provide the reader with insights and tips on how to cope with the routines of law school life and succeed in becoming a good law student and an even better lawyer." As a basic orientation to the law the book is accessible, though-provoking and, at times, controversial. The Law School Book should be the first on the shelf of any aspiring lawyer. 

    Summary Table of Contents

    Preface
    CHAPTER 1: So, You Want to Go to Law School? The Inside Story
    CHAPTER 2: Let's Get Jurisprudential: The Study of Law
    CHAPTER 3: This Crazy Little Thing Called "Law": Legal Materials and Institutions
    CHAPTER 4: Get a Real Life: Living Through Law School
    CHAPTER 5: Making Moves: Legal Reasoning
    CHAPTER 6: The Write Stuff: Putting on the Style
    CHAPTER 7: Making Friends: The Basics of Legal Research
    CHAPTER 8: Stand and Deliver: Doing a Moot
    CHAPTER 9: In the Belly of the Beast: Writing Exams
    CHAPTER 10: Is There Life After Law School? Articling, Lawyering, and Other Possibilities
    APPENDIX A: Long Legal Memorandum
    APPENDIX B: Short Legal Memorandum
    APPENDIX C: Model Factum
    APPENDIX D: Model Examination Question

  • Expert Evidence in Criminal Law

    Expert Evidence in Criminal Law: The Scientific Approach by Alan D. Gold is the first and only Canadian book on expert evidence entirely from a scientific perspective.

    The book is written in plain language, making it easily accessible to lawyers and judges approaching the topic for the first time. At the same time, it contains all the principles and knowledge needed to expose bogus experts and junk science and to reduce inflated expert evidence to its proper valuation.

    Everything from forensic identification evidence, including fingerprints and toolmarks, to psychological and psychiatric evidence, such as post traumatic stress syndrome, are discussed and evaluated according to the rules of science and the deficiencies and weaknesses of the evidence are demonstrated in detail.

    The book has been thoroughly updated in this new edition to reflect developments in both the law and science.

    Summary Table of Contents

    Foreword
    Preface to the Second Edition
    Preface to the First Edition
    CHAPTER 1:    Introduction
    CHAPTER 2:    The U.S. Revolution
    CHAPTER 3:    The Admissibility of Expert Opinion Evidence
    CHAPTER 4:    Science: Some Basic Concepts
    CHAPTER 5:    Science and the Forensic Sciences
    CHAPTER 6:    Science and Psychiatric and Psychological Evidence
    CHAPTER 7:    Science and Syndromes, Profiles, and Indicators
    CHAPTER 8:    Science and “Consistent with” Evidence
    CHAPTER 9:    Science and Social Science Evidence
    CHAPTER 10:   Problematic Procedural Issues
    CHAPTER 11:   Proposals for Change
    Table of Cases
    Index
    About the Author

  • Carnal Crimes

    Winner of the 2009 Canadian Law and Society Association Book Prize

    (For hardcover click here)

    Carnal Crimes: Sexual Assault Law in Canada, 1900-1975 is an engaging and powerful book about sexual assault crimes in Canadian history by one of Canada’s foremost legal historians. Using a case-study approach, Constance Backhouse explores nine sexual assault trials from across the country throughout the twentieth century. We move from small towns to large cities, from the Maritimes to the Northwest Territories, from the suffrage era to the period of the women’s liberation movement. Each of these richly-textured vignettes offers insight into the failure of the criminal justice system to protect women from sexual assault, and each is highly readable and provocative. The most moving chapters document the law’s refusal to accommodate a woman who could only give evidence in sign language, and the heartbreak of a child rape trial. Backhouse deals sensitively and deftly with these difficult stories.

    This book is the best kind of legal history—a vivid exploration of the past which also gives us the tools to assess the efficacy (or in this case lack of efficacy) of the legal system.

    Published for the Osgoode Society for Legal History.

  • Law Society of Upper Canada Special Lectures 2008: Personal Injury Law

    These are the first Special Lectures devoted to personal injury law in 10 years. The book continues the tradition of excellence, bringing together commanding thinkers from the litigation bar, the judiciary and the medical profession. It provides in-depth analysis of pivotal developments of the last decade, examines leading cases and explores the dominant themes in personal injury law today. The book discusses catastrophic injuries and the AMA guidelines, demonstrative evidence at trial, mass torts, and other important topics.

    Program Chairs:
    Jack Fireman, Q.C., LL.M., C.S., Fireman Wolfe LLP
    Barbara L. Legate, C.S., Legate & Associates Personal Injury Lawyers


    Table of Contents
    Preface

    Desbiens and Everything After
    Neil P. Wheeler

    Catastrophic Injuries and Understanding the AMA Guides
    Cameron C.R. Godden

    Fifteen Years of Accident Benefits: The Tort Accident Benefit Interface—Collateral Benefits
    Stephen E. Firestone

    Accident Benefit Issues Hot off the Press
    Philippa G. Samworth

    Mild-to-Moderate Traumatic Brain Injury: The Facts
    Anthony Feinstein

    Punitive and Aggravated Damages in Personal Injury Awards: Who Pays, How Much, and under What Circumstances
    Alf Kwinter

    The Challenges of Representing Children
    Greg P. Kelly, Q.C.
    The Role of the Children’s Lawyer in Judicial Approval of Minor Settlements
    Clare E. Burns, Linda Waxman, and Stephanie Giannandrea

    The Admissibility of Demonstrative Evidence in Jury Trials: Applying the Principled Approach to the Law of Evidence
    Barbara L. Legate

    Customized Demonstrative Evidence for Personal Injury Litigation: Medical Illustrations, Animations, and Interactive Media
    Stephen R. Mader

    “Use or Operation” of an Automobile: A Case by Case Approach
    John A. McLeish and Meighan Ferris-Miles

    Factual Causation in Tort after Resurfice: What’s Behind the Curtain
    David Cheifetz

    Jury Openings: Understanding the Rules
    Joseph Y. Obagi

    Proving Pain
    Dr. David Berbrayer

    Tales from Teno: The Trial and the Appeals
    Martin Wunder

    Accident Benefits: Lessons from the Past with the Hope for a Better Insurance Product in the Future
    Jennifer Griffiths, Eric K. Grossman, and Christine McKenna

    The Future of Personal Injury Litigation in Ontario: Where Have We Been? Where Are We Now? Where Are We Going?
    Roger G. Oatley

    Writing Strategically and Persuasively for the Personal Injury Plaintiff
    Eugene Meehan

    Recovery of Individual and Aggregate Damages in Class Actions
    Harvey T. Strosberg, Q.C., L.L.D., D.C.L., William V. Sasso, and Jacqueline A. Horvat

    Mediation: Where Have All the Settlements Gone?
    David B. Williams

    Mediation Advocacy: A Mediator’s Perspective
    Paul Torrie

    Liability of Road Authorities in the Post-Macmillan Era
    Jim Virtue

    Minimum Maintenance Standards and the Municipal Act, 2001: Lessons Learned from Thornhill (Litigation Guardian of) v. Shadid
    C. Kirk Boggs and Meredith E. Jones

    The Undervaluation of Non-Pecuniary and Income-based Damage Awards in Sexual Abuse Cases: Do Gender and Aboriginal Factors Play a Role?
    Susan M. Vella

    The Future of Vicarious Liability
    David R. Wingfield

    Table of Cases
    Index

  • Essential Sources of Canadian Law / Les références essentielles en droit canadien

    Following the premise that legal research should begin with secondary sources, John Eaton and Denis Le May have compiled a bibliographic reference to the most authoritative secondary sources in French and English. The book is arranged according to topic, with 105 topics cross-referred between French and English, and includes both civil and common law sources. This unique work will be applicable throughout the entire country — geographically, linguistically, and juridically. Each topic includes a short descriptor, orienting the reader to the nature of the topic and to its jurisdictional fundamentals as it is often important to know which entities are the ultimate creators of the statutes, regulations, and jurisprudence associated with the topic. Each of these topic descriptors is provided in English and in French. This work will be of interest to a wide range of potential users, including Canadian legal researchers, scholars, librarians, and students. It will also serve as a valuable tool for those less familiar with Canadian legal resources and who need assistance in determining where to look for sources on their topic of interest. Self-represented litigants, public libraries, and non-Canadian legal researchers are just a few examples of groups who could put this work to good use.

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