Halsbury's Laws of Canada – Agriculture (2014 Reissue) / Alternative Dispute Resolution (2014 Reissue)
Publisher: LexisNexis Canada
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------------------------------------------------------------------------------------Agriculture (2014 Reissue)
Dr. Donald Buckingham, LL.B., Dip. Int. Law, LL.D.
The law which regulates agriculture is drawn together from several "black letter" areas of private law (including the law of contracts, torts, and property) and public law (including criminal law, regulatory law, administrative law and constitutional law). Activities relating to agriculture are not only affected by the regulatory effects of federal and provincial legislation directly targeting the sector, but also by a large body of law of general application that affects producers, processors and distributors of agricultural products.
Halsbury's Agriculture title discusses the many aspects of private and public law that regulate how farming is carried out in Canada, including:
Alternative Dispute Resolution (2014 Reissue)
- The constitutional framework that governs agriculture
- The acquisition, use and disposal of farm land
- Farm financing
- Environmental issues
- Laws impacting animals, plants and agricultural inputs
- Laws affecting agricultural workers and farm families
Duncan W. Glaholt, B.A., J.D., FCIArb, & Markus Rotterdam, Dipl.-Jur., LL.M.
Alternative Dispute Resolution ("ADR") is commonly used as a term describing means of resolving disputes outside of traditional litigation processes. As the expenses associated with adversarial court-based litigation climb in an over-crowded judicial system, ADR has become an increasingly popular way of resolving conflicts between parties - making an understanding of the methods and implications of ADR essential for every practitioner. This title discusses a number of such alternative dispute resolution methodologies, including:
- Expert determination
- Dispute review
- Advisory boards
Also discussed is:
- Domestic and international arbitration
- Community and faith-based dispute resolution models
- Processes within the court system that incorporate aspects of alternative dispute resolution, such as court- annexed mediation and settlement and pre-trial conferences
- Enhanced contents
- A general table of contents to the level of chapter headings
- A detailed table of contents to the level of clause headings
- Detailed sectional contents set out within the commentary for each chapter and section
- References and abbreviations -an alphabetical listing of special references and abbreviations used in the volume, with an explanation of their meaning
- Selected secondary sources -setting out selected texts, articles, and othersecondary sources pertaining to the subjects that the reader may find to be relevant and helpful
- Glossary of definitions -identifying words and phrases defined in relevant legislation, and providing the text of the definition in each jurisdiction for easy reference. A valuable quick reference in a field marked by a wide variety of statutes promulgated across many jurisdictions
Table of Contents
Agriculture (2014 Reissue)1. Introduction to Agricultural Law
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
1. An Overview
2. The Canadian ContextII. Constitutional Framework for Agricultural Law
1. Application of the Constitution Act, 1867
2. The Shared Agriculture Power – Section 95 of the Constitution Act, 1867
3. Federal Powers – Section 91 of the Constitution Act, 1867
4. Provincial Powers – Section 92 of the Constitution Act, 1867
5. Colourability and the Validity of Laws Affecting Agriculture and Food
6. Agriculture and the Canadian Charter of Rights and FreedomsIII. Acquisition and Regulation of Farm Assets
1. Constitutional Considerations
3. Animal Production
4. Plant Production and Crops
5. Agricultural Inputs and MachinesIV. Organizing Farm Operations: Business Types and Financing
1. Constitutional Considerations
2. Organizing Farm Operations
3. Financing Farm OperationsV. Marketing Agricultural Products
1. Constitutional Considerations2.
International Trade Agreements
3. Canadian Regulatory Framework
4. Other Aspects of Marketing Agricultural ProductsVI. Managing the Farm: Employees and Environmental Risks
1. Constitutional Considerations
2. Managing Farm Employees
3. Managing Environmental Risks Due to Farming ActivitiesVII. Transferring Farm Operations: Sales, Gifts, Death, Marital Breakdown and Financial Difficulties
1. Constitutional Considerations
2. Voluntary Transfers of Interests in a Farm Operation
3. Involuntary Transfers of Interests in a Farm Operation
Alternative Dispute Resolution (2014 Reissue)I. Introduction
1. Alternative Dispute Resolution Defined
2. Scope of WorkII. Private Dispute Resolution
1. Good Faith in Negotiation
4. Expert Determination
5. Dispute Review Boards
6. Community and Faith Based Dispute Resolution Processes
7. Domestic Arbitration
8. Mandatory Arbitration and Consumer Contracts
9. International Commercial Arbitration
10. International Chamber of Commerce ArbitrationIII. Ombudspersons
2. Legislative Ombudspersons
3. Executive Ombudspersons
4. University Ombudspersons
5. Private Industry Ombudspersons
6. Freedom of Information and Privacy LegislationIV. Apologies Legislation
1. The Problem
2. The LegislationV. Public Alternative Dispute Resolution
1. Court Annexed Alternative Dispute Resolution
2. Court-Annexed Mediation
Dr. Donald Buckingham, LL.B., Dip. Int. Law, LL.D. & Duncan W. Glaholt, B.A., J.D., FCIArb, & Markus Rotterdam, Dipl.-Jur., LL.M.
Agriculture (2014 Reissue) Dr. Donald Buckingham, LL.B., Dip. Int. Law, LL.D.,
has been a private lawyer, government lawyer, law professor and consultant in the areas of agricultural law, food law and international trade in agricultural products for the past 25 years. He is currently Chairperson of the Canada Agricultural Review Tribunal in Ottawa. He also chairs the Heads of Federal Administrative Tribunals Forum and is co-president of the 2014 annual conference of the Council of Canadian Administrative Tribunals. Dr. Buckingham has taught full-time and part-time at several law schools across Canada (Western, Saskatchewan and Ottawa), in Europe (Montpellier 1) and in Africa (Stellenbosch). His areas of professional interest are wide and varied and include agricultural law, food law, the public regulation of food and agriculture, food and agriculture trade in international markets, environmental law, product labelling law, the law of sustainable development, administrative law, evidence law and tort law. He also loves to create in the kitchen, putting to use techniques learned while obtaining his Culinary Skills Certificate from Algonquin College in Ottawa.Alternative Dispute Resolution (2014 Reissue) Duncan W. Glaholt, B.A., J.D., FCIArb,
is the founder and a partner of the leading and nationally recognised construction law firm, Glaholt LLP. He has been consistently named one of the Leading 500 Lawyers in Canada in the field of construction law. Mr. Glaholt is certified by the Law Society of Upper Canada as a specialist in construction law. He is a fellow of both the American and Canadian colleges of construction lawyers and founding fellow of the International Academy of Construction Lawyers. Mr. Glaholt is author and co-author of several standard reference books on construction law and alternative dispute resolution topics, including the Halsbury's Laws of Canada Construction and Alternative Dispute Resolution titles (LexisNexis). He is an adjunct professor in the Faculty of Law at the University of Toronto. Mr. Glaholt is a fellow of the Chartered Institute of Arbitrators and has mediated and arbitrated a wide range of complex, multi-party construction industry disputes with particular focus on mining, energy and infrastructure, cogeneration, nuclear power, power distribution systems and conventional infrastructure and environmental projects. Mr. Glaholt has worked to bring adjudication rules and collaborative settlement practices into the Canadian legal mainstream.Markus Rotterdam, Dipl.-Jur., LL.M.,
is Director of Research at Glaholt LLP. He has authored and co-authored numerous published articles and books with Duncan Glaholt, in addition to the Halsbury's Construction and Alternative Dispute Resolution titles. After graduating from law school at Ruhr-Universität Bochum in Germany in 1994, where he worked as a Research Associate at the Institute for International Law of Peace and Armed Conflict, Markus received an LL.M. from Osgoode Hall Law School in 1997. Markus holds an Academy Certificate from the Hague Academy of International Law, The Netherlands (1992).
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