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Agriculture Dr. Donald Buckingham
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:
- 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
Alternative Dispute Resolution Duncan W. Glaholt & Markus Rotterdam
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:
- Mediation
- Conciliation
- Expert determination
- Dispute review
- Advisory boards
- Ombudspersons
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
Features
- 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 other secondary 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
Plus
- Table of cases
- Table of statutes and statutory instruments
- List of related titles
- Index
Agriculture
1. Introduction to Agricultural Law
1. An Overview
2. The Canadian Context
II. 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 Freedoms
III. Acquisition and Regulation of Farm Assets
1. Constitutional Considerations
2. Land
3. Animal Production
4. Plant Production and Crops
5. Agricultural Inputs and Machines
IV. Organizing Farm Operations: Business Types and Financing
1. Constitutional Considerations
2. Organizing Farm Operations
3. Financing Farm Operations
V. Marketing Agricultural Products
1. Constitutional Considerations
2. International Trade Agreements
3. Canadian Regulatory Framework
4. Other Aspects of Marketing Agricultural Products
VI. Managing the Farm: Employees and Environmental Risks
1. Constitutional Considerations
2. Managing Farm Employees
3. Managing Environmental Risks Due to Farming Activities
VII. 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
I. Introduction
1. Alternative Dispute Resolution Defined
2. Scope of Work
II. Private Dispute Resolution
1. Good Faith in Negotiation
2. Mediation
3. Conciliation
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 Arbitration
III. Ombudspersons
1. Concept
2. Legislative Ombudspersons
3. Executive Ombudspersons
4. University Ombudspersons
5. Private Industry Ombudspersons
6. Freedom of Information and Privacy Legislation
IV. Apologies Legislation
1. The Problem
2. The Legislation
V. 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. & Markus Rotterdam, LL.M.
Agriculture
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 two decades. He is currently Chairperson of the Canada Agricultural Review Tribunal in Ottawa. Dr. Buckingham has taught at several law schools across Canada, in Europe and in Africa. His areas of professional interest are wide and varied and include regulation of food and agriculture trade in international markets, food law, environmental law, agricultural law, product labelling, sustainable development and torts.
Alternative Dispute Resolution
Duncan W. Glaholt, B.A., J.D., practices at the Toronto firm of Glaholt LLP in the area of construction law, construction claims, insurance and surety bond litigation. In addition to his practice as an advocate, Mr. Glaholt sits as a private mediator and arbitrator of construction and related disputes. He is a member of the Chartered Institute of Arbitrators and Co-Author of the annually published Annotated Construction Lien Act, now in its eleventh edition (2006, Carswell). He has authored Construction Trusts (Carswell, 1998), Canada's first and only text on this remedy, and Conduct of a Lien Action (2004, Carswell). Mr. Glaholt is also a Co-Author of the recently published Bristow, Glaholt, Reynolds and Wise edition of Construction, Builders’ and Mechanics’ Liens in Canada, 7th Edition (2005). With Markus Rotterdam, he has co-authored the Halsbury’s Construction volume. Mr. Glaholt is a Founding Fellow of the Canadian College of Construction Lawyers and has recently become President of that organization. He has been listed by The Canadian Legal LEXPERT Directory as a leading practitioner in the construction law area who is "most frequently recommended" to LEXPERT's Editors, and as one of the LEXPERT/American Lawyer Media’s "Leading 500 Lawyers in Canada" in the field of construction law in each year of that listing. Mr. Glaholt is a frequent speaker at professional and industry conferences and is certified by the Law Society of Upper Canada as a Specialist in construction law.
Markus Rotterdam, LL.M., is an experienced and respected Legal Researcher who has co-authored numerous published articles and presentations with Duncan Glaholt. 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, Mr. Rotterdam received an LL.M. from Osgoode Hall Law School in 1997. Mr. Rotterdam holds an Academy Certificate from the Hague Academy of International Law, The Netherlands (1992).
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