Halsbury's Laws of Canada – Legislatures (2015 Reissue) / Misrepresentation and Fraud (2015 Reissue) / Missing Persons and Absentees (2015 Reissue)

Publisher: LexisNexis Canada
Format::  Book, 2
ISBN:: 9780433486664


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$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $295 each.

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Chris Bentley, LL.B., Dip. Leg. St. & Sheila Nemet-Brown, B.A. (Hons.), LL.B.

This title provides a concise overview of the structure, powers and workings of the Canadian Parliament and the various provincial legislatures. It includes a discussion of:

Janela Jovellano, B.A., LL.B. & Shirley Margolis, B.A., J.D.

This title summarizes the law governing the various civil remedies that are available to a person who has relied on a false representation made by another party and suffered damage as the result. Topics covered include:

Catherine Morin, B.Mus. (Hons.), LL.B. & Shirley Margolis, B.A., J.D.

This title addresses the legal complications that may arise after a person has disappeared and it is not known whether the person is alive or dead. Topics covered include:

Table of Contents

Parts of Parliament and Provincial Legislatures Parliamentary Privilege
Specific Privileges
Application of the Privilege
Breach of Privilege
The Queen
Governor General of Canada
Provincial Lieutenant Governor

House of Commons and Provincial Legislative Assemblies
Duration, Sittings and Termination
Proceedings in the House or Assembly
Offices of the Legislative Assembly
Specific Procedural Provisions
Language Requirements

Executive Council and Ministers
Federal Executive Council and Cabinet
Provincial and Territorial Executive Council
Conflict of Interest Prohibitions

Ineligibility to Serve
Conflict of Interest

The Senate
Senate Committee on Internal Economy, Budgets and Administration
Senate Ethics Officer

Financial Issues
Federal Board of Internal Inquiry
Parliamentary Budget Officer
Provincial and Territorial Control of Expenses
Remuneration and Expenses
Severance and Transition Allowances
Disability Allowance or Benefits
Pensions for Persons Ceasing to be Members of Parliament
Provincial Pensions

The Law of Misrepresentation and Fraud in Canada
  1. Introduction
  2. The Elements of Fraudulent Misrepresentation
  3. Silence and Non-Disclosure

The Relationship Between Contract and Tort Actions for Fraudulent Misrepresentation
The Effect of a Contract on Tort Liability for Fraudulent Misrepresentation
Concurrency in Contract and in Tort

Fraudulent Misrepresentation Founded in Contract
Fraudulent Misrepresentation Inducing a Contract
Pre-Contractual Representations
Parol Evidence Rule
Limitation and Disclaimer Clauses in Contracts
Enforcement of Contracts Induced by Fraudulent Misrepresentation
Contracts of Purchase and Sale of Real Property

Fraudulent Misrepresentation Founded in Tort
  1. The Tort of Fraudulent Misrepresentation
  2. Actions in Tort for Fraudulent Misrepresentation

Innocent Misrepresentation
  1. Introduction
  2. Circumstances in Which Innocent Misrepresentation May Arise
  3. Innocent Misrepresentation Amounts to a Collateral Warranty
  4. Remedies for Innocent Misrepresentation
  5. Pleading Innocent Misrepresentation

Negligent Misrepresentation
  1. History and Elements of Negligent Misrepresentation
  2. The Duty of Care Element
  3. The Nature of the Representation
  4. The Standard of Care
  5. Reliance and Causation
  6. Circumstances in Which Negligent Misrepresentation May Arise
  7. The Effect of a Contract in a Tort Action for Negligent Misrepresentation
  8. Damages for Negligent Misrepresentation
  9. Defences to Negligent Misrepresentation
  10. Pleading Negligent Misrepresentation

Defences to Fraudulent Misrepresentation
  1. Defences Related to Requisite Elements
  2. Expiry of Limitation Period
  3. Valid Defences Specific to Contract
  4. Defences Not Accepted By the Courts
  5. Fraudulent Misrepresentation as a Defence

  1. Introduction
  2. Rescission
  3. Damages
  4. Rectification
  5. Consumer Protection Legislation

Pleading Fraudulent Misrepresentation in Civil Matters
  1. Introduction
  2. Rules of Court
  3. Limitations Period
  4. Pleadings
  5. Decisions at the Appellate Level


    1. General
    2. Absentees or Missing Persons Defined

    Declaration That Person is an Absentee or Missing Person
    1. Obtaining Declaration
    2. Setting Aside Declaration

    Property of Absentees or Missing Persons
    1. General
    2. Appointment of Trustee
    3. Powers and Duties of Trustee
    4. Removal or Discharge of Trustee
    5. Return of Property Where Person Subsequently Found

    Presumption of Death
    1. Declaration
    2. Effect of Order
    3. Distribution of Property
    4. Where Person Subsequently Determined to be Alive


    Sheila Nemet-Brown, B.A. (Hons.), LL.B. / Janela Jovellano, B.A., LL.B. / Catherine Morin, B.Mus. (Hons.), LL.B.

    Sheila Nemet-Brown, B.A. (Hons.), LL.B., is a Content Development Associate for LexisNexis Canada Inc. She obtained her law degree from Osgoode Hall Law School and is also the author of Auctions, Cemeteries and Interment, Inquests, Coroners and Medical Examiners and Public Utilities titles for Halsbury's® Laws of Canada. She also developed and edited the Canada Criminal Sentencing Digest and the Canada Quantum Digest series.

    Janela Jovellano, B.A., LL.B., is a lawyer, legal writer and former associate at Miller Thomson LLP, where her practice involved advising health professionals and organizations from the public and private sectors on issues related to health professional regulation, corporate regulatory and governance work, privacy and various health statutes. She is the co-author, inter alia, of Legal Aspects of Health Information Management, in Fundamentals of Health Information Management, Canadian Healthcare Association, 2009, and An Ounce of Prevention: Strategies for Respondents in the New Human Rights Regime, Ontario Bar Association Conference: Human Rights Practice under the Direct Access System, 2007.

    Catherine Morin, B.Mus. (Hons.), LL.B., is a legal researcher and writer for LexisNexis Canada Inc., where she serves as law and content editor for Halsbury's® Laws of Canada. A former practitioner, Ms. Morin has been responsible for re-structuring and overseeing the production of various digest products, including NetLetters&™ and the Canadian Weekly Law Sheet, where her duties include editing and writing case law summaries spanning a broad range of legal topics. She is also author of several Halsbury's Laws of Canada, First Edition titles, including Gifts, Holidays/Hospitality, Debtor and Creditor, and Roads, Highways and Bridges, and has served as a contributing editor on others, such as Infants and Children and Youth Justice.

    Chris Bentley, Sheila Nemet-Brown, Janela Jovellano, Shirley Margolis & Catherine Morin

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