New Books in the Library – Fall 2018, Part II

December 21, 2018

Litigating Canada’s Environment: Leading Canadian Environmental Cases by the Lawyers Involved

William A. Tilleman and Alastair R. Lucas

“This key environmental law text will provide the reader with a unique focus on leading judicial cases in major environmental law areas including climate change, the intersection of environmental and energy issues, aboriginal rights and the environment, energy facilities (pipeline regulatory decisions), environmental impact assessment, public inquiries and much more.  The chapter authors are the lawyers and legal professionals who were involved in the early stages of each case and throughout the course of the litigation which makes them especially qualified to comment on the material. In each chapter, the authors discuss the broader context of cases and litigation strategy that was used in the case under discussion.  This discussion is an informative and instructional reference for environmental litigators, regulatory lawyers, policy makers, environmental law professors and law students as they work in similar areas and on similar cases.”

 

Challenging the Validity of Wills, 2^nd Ed.

Ian M. Hull and Suzana Popovic-Montag

“This work details the process for the appointment of the estate trustee with a will, and at what stages the will can be attacked. The substantive grounds for challenging the will’’s validity are covered including undue influence, fraud, lack of testamentary capacity, suspicious circumstances and improper execution of the testamentary document. The appendices contain a complete selection of estates forms under Ontario’s Rules of Civil Procedure for use in contentious estates proceedings. The authors provide guidance for compelling the reluctant executor to produce the testamentary document, for revoking the appointment of the estate trustee where fraud has occurred, for making a claim against the estate, and for the appointment of an administrator pending the outcome of the litigation. Practice tips are also provided.

This new edition reflects a more nuanced understanding of the practical effects of the estate rules 74 and 75.

There has also been 8 new chapters introduced to the new edition:

• Locating Missing Beneficiaries
• Costs in Estates Litigation
• Breach of Fiduciary Duty Claims
• The Deemed Undertaking Rule and Estate Litigation
• Unjust Enrichment in Will Challenge Matters
• Solicitor’s Negligence
• Acting for Children and the Mentally Incapable
• Estate Administration Tax Act, 1998 Estate Information Returns”

In Search of Resolution: Complex Issues in Mediation Advocacy

Martha E. Simmons

“In Search of Resolution: Complex Issues in Mediation Advocacy is a unique resource in its examination of mediation advocacy in situations of complexity. This publication goes beyond the usual introductory coverage of mediation advocacy, and considers more advanced issues relevant to the daily practice of lawyers who attend mediation. In Search of Resolution: Complex Issues in Mediation Advocacy also covers timely subjects, such as self-represented persons and disability, that are rarely discussed in dispute resolution literature.”

Essentials of Canadian Aboriginal Law

Kerry Wilkins

“Essentials of Canadian Aboriginal Law is the print version of the Canadian Encyclopedic Digest title. The book discusses the current Canadian law about Indigenous peoples living in Canada. It deals with Canadian constitutional law and federal non-criminal statute law as they pertain to Indigenous peoples.

The book considers the most recent and noteworthy Supreme Court of Canada decisions, including:

• Ktunaxa Nation v. British Columbia: This case has contributed to the law on the Crown’s duty to consult Indigenous communities.
• First Nation of Nacho Nyak Dun v. Yukon: This case concerned the interpretation of modern treaties and, in particular, the Crown’s obligations in the collaborative land use planning process established by the Yukon Final Agreements.
• Williams Lake Indian Band v. Canada: In this case, the SCC discussed the Crown’s fiduciary obligations to Indigenous peoples.

The book also incorporates Bill S-3, which came into force on December 22, 2017. The bill amends the Indian Act in response to the Descheneaux v. Canada decision.”

Law is a Buyer’s Market: Building a Client-First Law Firm

Jordan Furlong

“Law has become a buyer’s market, and it’s never going back. Re-envisioning the purpose of law firms and the role of lawyers, Jordan Furlong has designed a transformative client-first law firm that rethinks the business model, culture, service, competitiveness, growth strategies, diversity, and leadership of modern legal enterprises.”

The Evolution of the Provincial Court of Saskatchewan

Amy Jo Ehman

“The Provincial Court of Saskatchewan was created in 1978. It was the modern evolution of a court system in Saskatchewan dating back to its territorial days, and a progressive advancement in the dignity, jurisdiction, and autonomy of the court. But the path forward was not easy. The introduction of the Canadian Charter of Rights and Freedoms in 1982 changed the relationship between provincial governments and judges of their Provincial Courts, leading to a string of legal battle across the country that began in Saskatchewan and culminated in a landmark decision of the Supreme Court of Canada affirming the principles of judicial independence and the rule of law. Today, those early challenges are the bedrock on which was built a caring, dynamic, and independent “people’s court” that honours its past and meets the challenges of the future.

This publication was commissioned by the Saskatchewan Provincial Court Judges Association with the support of the Law Foundation of Saskatchewan, to mark the 40^th anniversary of the Provincial Court of Saskatchewan.”

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Sources: Law21, Thomson Reuters, Saskatchewan Provincial Court Judges Association