Product Details
978-0-7798-8668-5
Book
Approximately 340 pages
1 volume bound
hardcover
2018-09-12
Carswell

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The 2019 Annotated Crown Liability and Proceedings Act
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$240.00
Description

An essential reference in proceedings against the federal Crown

This new edition of the Annotated Crown Liability and Proceedings Act provides an essential reference in proceedings against the federal Crown, and serves as an authoritative guide to the significant, recent changes to the practice in this area. Written by leading authorities in the area, it includes the consolidated text of the statute in French and English, section-by-section commentary, digests of all relevant judicial decisions, as well as cross references to related legislative provisions and secondary sources. This portable handbook is an ideal resource for the office or in court.

New in this edition

The Crown Liability Act has been fully updated and important new case law has been added under the appropriate sections.

Topics from new Supreme Court of Canada cases discussed in this edition include the following:

Crown fiduciary duties towards disadvantaged groups, particularly in relation to the Crown’s responsibility to Aboriginal people and their interests and entitlement to land.

  • Alberta v. Elder Advocates of Alberta Society (2011 S.C.C.)
  • Manitoba Métis Federation v. Canada (2011 S.C.C.)

Crown liability governed by the law of the jurisdiction wrongful acts were committed

  • Hinse v. Canada (2015 S.C.C.)

Tort of nuisance

  • Antrim Truck Centre Ltd. v. Ontario (Transportation) (2013 S.C.C.)

Damages for breach of Charter rights

  • Ernst v. Alberta Energy Regulator (2017 S.C.C.)

Punitive damages

  • Hinse v. Canada (2015 S.C.C.)

Limitations on liability – Indirect liability

  • Hinse v. Canada (2015 S.C.C.)

Immunity for government policy decisions

  • Hinse v. Canada (2015 S.C.C.)

Crown immunity from rules of civil procedure in cases where the Crown is not a party

  • Canada v. Thouin (2017 S.C.C.)

Limitation periods

  • Manitoba Métis Federation Inc. v. Canada (2013 S.C.C.)
  • Wewaykum Indian Band v. Canada (2002 S.C.R.)
  • Canada v. Lameman (2008 S.C.C.)
  • Canada v. Thouin (2017 S.C.C.)

Regulations under the Act

  • Canada v. Thouin (2017 S.C.C.)

Examinations for discovery and document discovery

  • Canada v. Thouin (2017 S.C.C.)
About the Author
Michael H. Morris is a General Counsel with the Department of Justice, Ontario Regional Office. Mr. Morris litigates public law cases on behalf of the federal Crown at every Court level, including frequent appearances at the Supreme Court of Canada. He is currently lead counsel on behalf of the federal Crown in Bedford v. A.G. Canada, a constitutional challenge to the provisions of the Criminal Code governing prostitution. Mr. Morris frequently publishes (and presents at conferences) in the area of Charter, Crown liability, administrative law and ethics and professionalism issues as they apply to public sector lawyers. He is a past co-chair of Osgoode Hall's National Forum on Administrative Law (from 2006 - 2010).
Jan Brongers is a General Counsel and civil litigator with the Department of Justice. After clerking at the Federal Court of Appeal, he worked for nine years with the Department in Ottawa before returning to his home town of Vancouver where he currently practices. Fluently bilingual in English and French, Jan is a graduate of McGill University's Faculty of Law and a member of the Quebec, Ontario and British Columbia Bars.