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Shortlisted for the 2003 Walter Owen Book Prize (first edition)This new edition traces the development in the Canadian law of equitable remedies, greatly influenced by decisions of the Supreme Court of Canada which, since the first edition, has ruled on the availability of Anton Piller orders, specific performance, equitable compensation, and rectification. Beyond these substantive equitable remedies the Supreme Court has also opined on a number of occasions about the nature of modern equity in Canada; in effect, breathing life into equity's distinctive methodology. New areas covered in this edition include the maxims of equity; the appropriate default test for interlocutory injunctions including new discussion on when it is appropriate to allow a view of the merits of the substantive dispute to determine the interlocutory proceedings; the general principles of specific performance, including a critique of the current law on enforcement of keep-open clauses; the contemporary impact of the Supreme Court of Canada's rulings on the availability of specific performance, particularly for those who invest in land; a discussion of equitable damages and equitable compensation which includes new commentary on when damages are assessed that go beyond compensation and toward disgorgement; and new material on rectification, including a section on rectification and taxation cases.
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The development of the right to return to one's home of origin -- Modern experiences with post-conflict restitution and return -- Restitution and return "home" -- Local integration and the regularization of collective centre space -- Compensation and regularizing secondary occupation
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This volume of essays is the end product of the Second International Symposium on the Law of Remedies, a joint undertaking of the Faculties of Law at the Universities of Windsor, Canada, and Auckland (Research Centre for Business Law), New Zealand. The symposium brought together scholars drawn from four continents, representing the major Commonwealth common law jurisdictions, as well as the United States and Ireland. Collectively, the essays illustrate the breadth and depth of attention that is now accorded to the study of remedies throughout the common law world. The collection also demonstrates the value of fruitful exchanges across common law jurisdictions that have much to gain from learning of one another's experiences, thereby enriching the body of knowledge for a system that is inherently built upon discrete and incremental case law.
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This book addresses multiple aspects of the conflict between Georgia and Russia over the breakaway region of South Ossetia in August 2008, including the use of force, human rights, transnational litigation and international law 'rhetoric'. The particulars of the conflict are explored alongside their wider implications for international order.
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Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
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The colour of justice in Canada is largely driven by stereotypical assumptions about crime and those who commit it. Over the last few years, the use of race, ethnicity, and religion as indicators of suspicion by the police and security officials has come under scrutiny. The focus, however, has largely been on the American experience. The Colour of Justice provides the first comprehensive look at racial profiling in Canada. Its aim is to foster understanding and reform. The book uses social science evidence, judicial decisions, commission findings, government and police documents, narratives, and media reports to provide the answers to the following questions: When should policing be characterized as racial profiling? Why does it occur? How pervasive is it? What damage does it cause? Is it ever reasonable? How do we stop it? David M. Tanovich is one of Canada's leading experts in the area of systemic racism and criminal justice. As a lawyer, he argued the first appellate case to address racial profiling (R. v. Richards). As a law professor at the University of Windsor, he has written extensively in the area of racial profiling and has been invited across Canada to present his research. His work has been cited by Canadian courts, the Ontario Human Rights Commission, and academics in both Canada and the United States.
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This book evaluates the strength of the rule of law in the South Caucasus, a volatile and strategically important region of the former Soviet Union. Contributors - all of whom who have lived and worked in Armenia, Azerbaijan or Georgia - tackle this question from the perspectives of both law and politics. A wide range of specific issues are addressed, including corruption in the justice system, forced migration, telecommunications and environmental protection.
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Author / Editor
- Ali Hammoudi (2)
- Anneke Smit (4)
- Annette Demers (6)
- Beverly Jacobs (1)
- Brian Manarin (3)
- Christopher Waters (11)
- Claire Mummé (1)
- David Tanovich (7)
- Gemma Smyth (3)
- Jasminka Kalajdzic (8)
- Jeff Berryman (6)
- Joshua Sealy-Harrington (2)
- Kristen Thomasen (1)
- Laverne Jacobs (5)
- Meris Bray (1)
- Muharem Kianieff (2)
- Myra Tawfik (2)
- Noel Semple (4)
- Pascale Chapdelaine (1)
- Reem Bahdi (1)
- Richard Moon (10)
- Ruth Kuras (2)
- Sujith Xavier (2)
- Sylvia Mcadam (2)
- Tess Sheldon (1)
- Valerie Waboose (1)