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Canadian Master Tax Guide, 65th Edition, 2010

Thu, 29 Oct 2009 04:23:48 -0700

The Canadian Master Tax Guide provides helpful and practical guidance on today's federal tax law. This 65th Edition reflects all pertinent federal taxation changes and provides fast and reliable answers to tax questions affecting individual and business income tax.

The 2010 Canadian Master Tax Guide contains timely and precise explanations of federal income taxes for individuals, partnerships, corporations, estates and trusts, as well as new rules established by key court decisions and the Canada Revenue Agency. Significant new tax developments are conveniently highlighted and concisely explained for quick reference and understanding. The handbook's explanations provide tax practitioners with accurate and legally sound guidance to help them understand, apply and comply with today's complex tax laws.

The Canadian Master Tax Guide is conveniently cross-referenced to the Income Tax Act, Income Tax Regulations, court decisions, and CRA technical publications. This reliable reference is a must for anyone involved with federal taxation.

Updated Topical Coverage:

Tax Rates and Credits
Tax-Free Savings Account
RESPs
Deferred Income Plans
Capital Gains and Losses
Dividends
Capital Cost Allowance
Charitable Donations
SR & ED Expenses
Returns and Assessments
Tax Planning for Individuals - 2009/2010

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Guidebook to Texas Taxes

Wed, 28 Oct 2009 07:31:09 -0700

CCH's Guidebook to Texas Taxes is the perfect resource for concise and reliable information for practitioners working with state taxation in Texas. Designed as a quick reference work in a convenient and accessible desktop format, the Guidebook presents succinct discussions of state and local taxes, giving a general picture of the state tax laws and regulations and highlighting significant cases and administrative rulings. The new Texas edition of this annual publication is useful to tax practitioners, in-state and multistate businesspersons, and those who are obligated to file Texas returns or who are required to deal with Texas taxes.

Benefits and Features

Concise coverage of the taxes of major interest includes:

Real And Personal Property Tax
Franchise Taxes
Sales And Use Taxes
Excise Taxes

Summaries of other Texas taxes with emphasis placed on:

Persons or transactions subject to the tax
Exemptions
Basis and rate of tax
Returns and Payment

Ease Of Use Features:

Additional practical tips, pointers and examples from the editors to help practitioners further apply the complex principles of Texas tax law to specific practice situations.
Special Highlights of Tax Changes section to provide at-a-glance awareness of key legislative developments in the law.
Legislative changes effective after 2009 are noted with an indication of the effective date to avoid confusion and to assist in future tax planning.
Helpful references to both the Texas and related federal provisions are provided throughout for those who wish to more fully examine explanations and text of the applicable law.
Detailed Tables of Contents, Law and Regulations Finding Lists, a Topical Index, and an organized presentation of the content combine to make pinpointing critical information quick and easy.
Detailed references to specific paragraphs in the comprehensive CCH Texas Tax Reports service are provided throughout the Guidebook to assist users in further, more comprehensive tax research and tax planning.

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Guidebook to Illinois Taxes (2010)

Wed, 28 Oct 2009 06:35:01 -0700

Now in it's 41^st Edition, CCH's Guidebook to Illinois Taxes is the perfect resource for concise and reliable information for practitioners working with state taxation in Illinois . Designed as a quick reference work in a convenient and accessible desktop format, the Guidebook presents succinct discussions of state and local taxes, giving a general picture of the state tax laws and regulations and highlighting significant cases and administrative rulings. The new Illinois edition of this annual publication is useful to tax practitioners, in-state and multistate businesspersons, and those who are obligated to file Illinois returns or who are required to deal with Illinois taxes.

Benefits and Features

Concise coverage of the taxes of major interest includes:

Personal Income Tax
Corporate Income Tax
Sales And Use Taxes

Summaries of other Illinois taxes with emphasis placed on:

Administration and imposition of City of Chicago taxes
Persons or transactions subject to the tax
Basis and rate of tax
New annual return provisions

Ease Of Use Features:

Additional practical tips, pointers and examples from the editors to help practitioners further apply the complex principles of Illinois tax law to specific practice situations.
Special Highlights of Tax Changes section to provide at-a-glance awareness of key legislative developments in the law.
Legislative changes effective after 2009 are noted with an indication of the effective date to avoid confusion and to assist in future tax planning.
Helpful references to both the Illinois and related federal provisions are provided throughout for those who wish to more fully examine explanations and text of the applicable law.
Detailed Tables of Contents, Law and Regulations Finding Lists, a Topical Index, and an organized presentation of the content combine to make pinpointing critical information quick and easy.
Detailed references to specific paragraphs in the comprehensive CCH Illinois Tax Reports service are provided throughout the Guidebook to assist users in further, more comprehensive tax research and tax planning.

If you would like more details about this product, or would like to order a copy online, please click here.

Guidebook to California Taxes (2010)

Wed, 28 Oct 2009 06:18:57 -0700

CCH's Guidebook to California Taxes is the classic handbook on California taxation. Widely used by practitioners and all those involved in California taxes, this time-saving aid is accepted as the premier source for quick reference to all taxes levied by the state, including personal and corporate income, inheritance and gift, sales and use, and property taxes.

The 2010 Guidebook is the 61^st Edition, reflecting significant new legislation, regulations, court decisions, and State Board of Equalization decisions through press time in December. It is authored by CCH Tax Law Editors with additional editorial commentary provided by highly-regarded tax practitioners, Bruce Daigh and Christopher Whitney of PricewaterhouseCoopers.

For additional research, references to CCH's California Tax Reports, CCH's U.S. Master Tax Guide and CCH's Unemployment Insurance Reports are provided throughout.

Benefits and Features

Designed To Accomplish Four Main Objectives:

Give an updated and comprehensive picture of the impact and pattern of all taxes levied by the state of California and also the general property tax levied by local governmental units.
Provide quick and reliable step-by-step guidance to the preparation of individual resident, nonresident, and part-year resident income tax returns.
Present a readable quick reference to the personal income tax and taxes on corporate income.
Tell you quickly what the California tax law provides, whether the provision is the same as the federal and, if so, the significance of the difference.

Features Include:

Guide to the preparation of California personal income tax returns-for residents, non-residents, and part-year residents.
Special return preparation section discusses who must file, filing status, exemptions, deductions, rates, credits, where and when to file, extensions, and estimated taxes, as well as compliance procedures and requirements relevant to
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2010 U.S. GAAP Guide

Wed, 28 Oct 2009 03:31:20 -0700

The 2010 CCH GAAP Guide, Volumes I and II, is the perfect bridge between the existing GAAP hierarchy and the new FASB Codification. This new two-volume set’s pre-/post-Codification dual-reference system, detailed cross-reference table, and index help you quickly locate the information you need in the way you are most comfortable with. Content is current and authoritative — written by leaders in the field, with analysis, practice pointers and illustrations to filter the complexities.

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Insurance and Risk Management in Commercial Leasing

Tue, 13 Oct 2009 14:39:16 -0700

Dawn Michaeloff | Hardbound | $98

Aboriginal Law Since Delgamuukw

Tue, 15 Sep 2009 10:46:48 -0700

Editor-in-Chief: Maria Morellato, Q.C. | Hardbound | $115

Labour Spectrum

Thu, 03 Sep 2009 11:14:24 -0700

The definitive online labour law research service | Binding not applicable | $0

Shareholders Agreements: An Annotated Guide, Second Edition

Wed, 02 Sep 2009 09:57:12 -0700

Aird & Berlis LLP; Edited by Lisa E. Moreau | Perfectbound | $90

Prosecutorial Misconduct

Wed, 15 Jul 2009 13:41:03 -0700

Robert J. Frater | Hardbound | $110

Canadian Income Tax Act with Regulations, Annotated 88th Edition, 2009

Fri, 03 Jul 2009 08:31:41 -0700

The fall 2009 edition of the Canadian Income Tax Act with Regulations, Annotated is improved and superior to previous editions. It is filled with up-to-date content and legislative changes that make it indispensable for tax professionals. Featuring improved navigation, this new edition makes it even easier to find the answers you need to make smarter decisions, faster.

The 88th edition is updated and expanded to include all developments since the last edition. This edition includes numerous amendments to the Act contained in Bill C-10, the Budget Implementation Act, 2009 (Royal Assent in March 2009). Amendments to Regulations include those from Bill C-10 as well as enacted regulations for capital cost allowance from the 2007 and 2008 Budget measures and proposed regulations relating to securities held by financial institutions.

The 88th edition is current to July 10, 2009, and contains:

The full text of the Income Tax Act and Regulations
Pending amendments to the Income Tax Act
Department of Finance comfort letters
News releases
Editorial notes, as well as cross-references to other sources of information, including:
- Related sections of the Act and Regulations
- Bulletins, Circulars and Technical News
- CRA forms and guides
- CCH newsletter articles
- Canadian Tax Foundation articles
- Canadian Petroleum Tax Journal articles
- Key case annotations
- Full text history notes
The Canada-U.S. and Canada-U.K. Tax Conventions as amended by Protocols
- With full text history notes
- including the technical explanations to the Canada-U.S. Tax Convention and Protocols
Interpretation Act
The Income Tax Conventions Interpretation Act
Remission orders
Quick reference charts including rates, credits, limits and penalties

Other features in this edition making it easier and faster to use:

Shading of:
- proposed legislation,
- comfort letters,
- news releases, and
- budget extracts
Tax calendar
Integration tables from PricewaterhouseCoopers LLP
2009 Tax Rates and Credit Tables from PricewaterhouseCoopers LLP

Editorial Board - As of November 2009

Joseph Frankovic LL.B., LL.M., Ph.D., CFA
Member of the Ontario Bar and the adjunct faculty of Osgoode Hall Law School

Larry Murray B. Comm. F.C.A.

Fras

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Canada - U.S. Tax Treaty: A Practical Interpretation

Thu, 22 Jan 2009 01:43:27 -0800

The Fifth Protocol to the Canada - U.S. Income Tax Treaty has introduced a myriad of changes relating to the rights of both countries to tax income earned by their respective residents. Canada - U.S. Tax Treaty: A Practical Interpretation is an invaluable resource designed to assist practitioners with clients involved in cross-border business activities deal with the complexity and uncertainty of these changes.

CCH Canadian’s Canada - U.S. Tax Treaty: A Practical Interpretation contains the full text of the Canada - U.S. Tax Convention, as amended by the First through Fifth Protocols, with commentary by Fraser Milner Casgrain LLP following each Article of the Treaty. The commentary provides a detailed analysis of the Fifth Protocol, including:

Changes to the “tie-breaker” rule for determining the residence of a corporation that qualifies as a resident of both Contracting States
Entitlement to Treaty benefits for “fiscally transparent entities”
New permanent establishment rules
Elimination of withholding tax on certain interest payments
Taxation of a non-resident’s emigrant gains
Taxation of “income from employment” earned by non-residents
Taxation of stock options received by individuals employed in both Canada and the United States
Introduction of a reciprocal limitation of benefits provision

The Technical Explanations of the Treaty and the Third, Fourth, and Fifth Protocols, as provided by the U.S. Treasury Department, are reproduced, along with a report on the Fifth Protocol by the Joint Committee on Taxation for the U.S. Senate. Other useful resources contained in this edition include:

Annotations of related Dominion Tax Cases
Memorandum of Understanding between the Competent Authorities of Canada and the United States Regarding the Mutual Agreement Procedure
Agreement between the Government of Canada and the Government of the United States of America with Respect to Social Security
Income Tax Conventions Interpretation Act
Rates of Withholding Tax under Income Tax Agreements Signed by Canada

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GST/HST and Real Property in Canada, 3rd Edition

Thu, 04 Sep 2008 08:21:04 -0700

Written by one of Canada's most respected practitioners in the area of commodity taxation, this new edition has been highly anticipated. First published in 2001, then in 2004, and most recently in 2008, this edition has been extensively revised and updated.

GST/HST and Real Property in Canada is an excellent quick reference book that outlines how the rules of GST/HST treat real property transactions in Canada. This book is an essential resource for practitioners involved in real estate transactions or commodity taxation.

Topics covered:

Taxable supplies of real property
Exempt supplies of real property
GST/HST rules depending on how the ownership of property is held
Special Situations such as repossessions and seizures, elections
GST/HST rate changes

Table of Contents (subject to change)
Chapter 1: Definitions

1.1 – Builder
1.2 – Business
1.3 – Capital Property
1.4 – Commercial Activity
1.5 – Fair Market Value
1.6 – Person
1.7 – Personal Property
1.8 – Property
1.9 – Real Property
1.10 – Recipient
1.11 – Residential Complex
1.12 – Residential Unit
1.13 – Sale
1.14 – Supply

Chapter 2: Taxable Supplies of Real Property

2.1 – General Principle
2.1.1 – Timing of Payment of Tax
2.1.2 – Collection and Remittance of Tax
2.1.3 – Place of Supply
2.1.4 – Service in Respect of Supplies of Real Property
2.1.5 – Deposits
2.2 – Sales of New Residential Housing
2.2.1 – Adjustments to Purchase on Closing
2.3 – New Housing Rebates
2.3.1 – Rebate for New Housing
2.3.2 – Rebate for Cooperative Housing
2.3.3 – Rebate for Owner-Built Homes
2.3.4 – Rebate to Owner or Lessee of Land Leased for Residential Purposes
2.4 – New Residential Rental Property Rebate
2.4.1 – Rebate for New Residential Properties
2.4.2 – Temporary Rentals before Sale
2.4.3 – Land Leased for Residential Purpose
2.4.4 – Administration of the Rebate
2.5 – PST Transitional New Housing Rebate
2.6 – Development of Residential Real Property
2.6.1 – Renovations and Self-Supplies
2.6.2 – Substantial Renovation
2.6.3 – Non-Substantial Renovation
2.6.4 – Planning Point
2.6.5 – Substantial Completion
2.6.6 – Self-Supply of Single Unit Residential Complex or Residential Condominium Unit
2.6.7 – Self-Supply of Residential Condominium Unit
2.6.8 – Self-Supply of Multiple Unit Residential Complex
2.6.9 – Self-Supply of Addition to Multiple Unit Residential Building
2.6.10 – Self-Supply Rules: Exception for Personal Use
2.6.11 – Self-Supply Rules: Exception for Student Residence
2.6.12 – Sel
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Controller’s Handbook, 2nd Edition

Thu, 04 Sep 2008 07:46:32 -0700

Controller's Handbook focuses on practical ways to meet the many challenges faced by controllers and financial managers in small and medium-sized companies and provides guidance to ensure sound financial controllership. It uses the Plan, Do, Check and Act (PDCA) management model to effectively deploy organizational resources to achieve planned outcomes. Also provided are checklists to help controllers focus on implementing key tools.

Topics covered:

Planning management
Core accounting process management
Reporting and information management
People and relationship management
Special situations

Updates include:

Expanded material on ethics, corporate governance, and internal controls
Improved and additional checklists, useful forms, insightful tips, and situation summaries
Updated appendices on further reading and references

Table of Contents (subject to modification)

Introduction
Planning: developing plans and strategies
Execution: developing and managing effective processes
Relationship management: building the networks for success
Checking: building a performance-measurement system
Using fact-based decision making to take action
Special situations
References
Appendices and templates

About the Author
Nick Shepherd, FCMC, CGA, FCCA, has more than 40 years of business experience. Since 1989, he has run his own management consulting and professional development company, EduVision Inc., which provides management consulting and development services to public and private sector organizations.

A fellow of the Institute of Certified Management Consultants of Ontario (Honour Roll), and past president of the Institute, Nick is past chair of the National Certification Committee for all Institutes of Management Consulting across Canada and is also past chair of the Professional Standards Committee of the International Council of Management Consulting Institutes. He has been a Certified General Accountant for over 25 years, and is a fellow of the Chartered Association of Certified Accountants (UK), a senior member of the American Society for Quality, and past chair of the Quality Costs Committee of the Management Quality Division. He is also a member of Mensa Canada.

Nick is a well-known professional development facilitator, and teaches both the three-day Essentials of Controllership program and the two-day Decision Making and Costing for Controllers advanced program. He also presents many professional development workshops across Canada annually. In 2006, he received the President's Award for Education from the Certified General Accountants Association of British Columbia.

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Not-For-Profit PolicyPro, published April 2008

Sat, 05 Apr 2008 10:00:00 -0700

NPPP brings together the governance and administrative expertise needed by not-for-profit organizations for less than the cost of one day of a consultant’s time. NPPP can help you to ensure that your organization’s governance and fiscal management practices are squeaky-clean, and that you have authoritative, easy-to-understand policies and procedures in place, based on current Canadian best practices.

News Alerts added to HRinfodesk

Wed, 19 Mar 2008 10:00:00 -0700

To keep you up to date with the latest developments in employment legislation in all Canadian jurisdictions, HRinfodesk has introduced a free News Alerts service that notifies you by email whenever significant changes happen.

GST and E-Commerce: Planning and Risk Management

Mon, 19 Mar 2007 05:08:39 -0700

Your business is e-volving at a rapid pace and the tax implications are often overwhelming. It's complex, and you know you need to stay connected, but how? CCH is once again providing you with leading edge solutions and is proud to bring you the first authoritative reference book of it's kind: GST and E-Commerce: Planning and Risk Management. You'll find volumes of basic and detailed information in one convenient, targeted source. It will connect you with relevant, critical information about GST/HST in Canada. If you're doing business online, or advising someone who does, you need this book!

Target Audience

Companies that sell or distribute products or services through the Internet
Companies that purchase or consume products or services that are supplied through the Internet
Companies that promote or advertise through the Internet
Companies that do anything remotely by electronic means, including remote hosting, data backup, transmission, remote access to software or servers, remote security, and remote file sharing

Features include:

Comprehensive discussion of the manner in which the GST applies to e-commerce activities of every nature
Detailed review of CRA e-commerce rulings and formal administrative policies issued in the past five years
Discussion of CRA policy imperatives and the manner in which these imperatives impact on the taxation of e-commerce
Identification of e-commerce trends, limitations, anomalous results and outstanding issues to be resolved
Focus on threshold and other contentious issues including jurisdictional issues
Discussion of carrying on business and permanent establishment tests in the e-commerce environment
Discussion of audit patterns and leading exposure issues
Exploration of planning opportunities for resident and non-resident businesses

Each topic includes a review of the current legislation and Canada Revenue Agency rulings and other documents.

Table of Contents

Chapter 1 – Overview of the Book and Evolution of E-Commerce GST Rules
Chapter 2 – Overview of the GST
Chapter 3 – Characterization of Supply
Chapter 4 – Single Versus Multiple Supplies
Chapter 5 – Place of Supply
Chapter 6 – Zero-Rating
Chapter 7 – GST Registration and the Non-Resident Override
Chapter 8 – Permanent Establishment Issues
Chapter 9 – Carrying on Business in Canada
Chapter 10 – Agency
Chapter 11 – Introduction to the Rulings Chapters
Chapter 12 – Advertising Services
Chapter 13 – Third Party Sales of Goods
Chapter 14 – Software and Software Related Offerings
Chapter 15 – Telecommunication Services
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New IT Policies Available

Portable Computers Policy added to Information Technology PolicyPro

Pandemic Policies Available

Pandemic policies now available on Human Resources PolicyPro

International Legal Content on Quicklaw

Solicitor Forms & Precedents on LexisNexis® Quicklaw

EmploymentPractice on LexisNexis® Quicklaw

Manning, Mewett & Sankoff Criminal Law, 4th Edition

Sopinka, Lederman & Bryant The Law of Evidence in Canada, 3rd Edition

The Trusted Advisor's Survival Kit

The Law of Employee Monitoring in Canada

LegisPratique Droit de la famille Jurisprudence en tableaux, édition 2009

Canadian Youth and the Criminal Law One Hundred Years of Youth Justice Legislation in Canada

The Management of Nonprofit and Charitable Organizations in Canada, 2nd Edition

Chalmers and Guest on Bills of Exchange and Cheques, 17th Edition

£225 GBP

Internal Revenue Code, Summer 2009 Edition

softcover | $111.15 USD

Federal Tax Regulations, Summer 2009 Edition

softcover | $157.20 USD

International Commercial Arbitration & Conciliation in UNCITRAL Model Law Jurisdictions, 3rd Edition

Dr. Peter Binder | hardcover | £225 GBP

Black’s Law Dictionary, 9th Edition

$75 USD

Canadian Tort Law in a Nutshell, 3rd Edition

Margaret Kerr, JoAnn Kurtz, Laurence M. Olivo | softcover | $79

Ontario Small Claims Court Practice 2010 + CD

Marvin A. Zuker | hardcover + CD | $90

Ontario Human Rights Code: Quick Reference - 2009 Edition

Jamie Knight, LL.B., Melanie McNaught, LL.B., Natasha Savoline, LL.B. | softcover | $65

Alberta Securities Act and Regulations 2009

MacLeod Dixon LLP | softcover | $113

Yahoo RSS Reader Not Retrieving Latest Carswell Feeds

We’ve been informed by many of our Yahoo RSS subscribers that our latest content is not consistently appearing in their Yahoo RSS reader. We have informed Yahoo of this issue, and until it is resolved, we encourage you to keep current by re-subscribing to the Carswell RSS feeds in another RSS reader such as Google Reader or Blog Lines. Please visit the Carswell RSS page for instructions on using other RSS readers. We apologize for the inconvenience.

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.

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

Carnal Crimes

Winner of the 2009 Canadian Law and Society Association Book Prize

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.

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

Forward
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

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

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

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 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

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

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