Canada

Legislatures

1. Overview
2. Specific Privileges
3. Application of the Privilege
4. Breach of Privilege
5. The Queen

1. Governor General of Canada
2. Provincial Lieutenant Governor

1. Duration, Sittings and Termination
2. Proceedings in the House or Assembly
3. Offices of the Legislative Assembly
4. Specific Procedural Provisions
5. Language Requirements
6. Committees
7. Vacancies

1. Federal Executive Council and Cabinet
2. Provincial and Territorial Executive Council
3. Conflict of Interest Prohibitions

1. Election
2. Eligibility
3. Ineligibility to Serve
4. Conflict of Interest

1. Functions
2. Senators
3. Senate Committee on Internal Economy, Budgets and Administration
4. Senate Ethics Officer

1. Federal Board of Internal Inquiry
2. Parliamentary Budget Officer
3. Provincial and Territorial Control of Expenses
4. Remuneration and Expenses
5. Severance and Transition Allowances
6. Disability Allowance or Benefits
7. Pensions for Persons Ceasing to be Members of Parliament
8. Provincial Pensions

Misrepresentation and Fraud

1. Introduction
2. The Elements of Fraudulent Misrepresentation
3. Silence and Non-Disclosure
4. The Relationship Between Contract and Tort Actions for Fraudulent Misrepresentation

1. Introduction
2. The Effect of a Contract on Tort Liability for Fraudulent Misrepresentation
3. Concurrency in Contract and in Tort

1. Fraudulent Misrepresentation Inducing a Contract
2. Pre-Contractual Representations
3. Parol Evidence Rule
4. Limitation and Disclaimer Clauses in Contracts
5. Enforcement of Contracts Induced by Fraudulent Misrepresentation
6. Contracts of Purchase and Sale of Real Property

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

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

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

1. Introduction
2. Rules of Court
3. Limitations Period
4. Pleadings
5. Decisions at the Appellate Level

Missing Persons and Absentees

1. General
2. Absentees or Missing Persons Defined
3. Declaration That Person is an Absentee or Missing Person

1. Obtaining Declaration
2. Setting Aside Declaration

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

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.