Canada

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Transportation - Carriage of Goods
Rui M. Fernandes, B.Sc., J.D., LL.M.

With carriage of goods law often at the forefront of commercial transactions, Halsbury's Transportation - Carriage of Goods title offers the ideal resource for lawyers who require a concise explanation of how this specialized area of law operates.^[1] Timely and accessible, and written by one of Canada's leading transportation lawyers, this valuable reference delivers a clear narrative of the legislative framework and identifies the relevant case law that practitioners need to be aware of. It contains useful answers to questions on a wide range of topics, including:

• Federal and provincial powers and areas of responsibility
• Carriage of goods by road
  • Federal legislation regulating extra-provincial trucking
  • Provincial licensing of carriers
  • Powers and procedures of transport authorities
  • Equipment and personnel
  • Duties and responsibilities of carriers
  • Passenger and luggage liability issues
  • Hazardous goods
• Carriage of goods by rail
  • Contractual arrangements
  • Loss, damage or delay
  • Accommodation for goods
  • Connecting carriers
• Carriage of goods by water
  • Formation and interpretation of Charter parties
  • Loading and discharge of goods
  • Frustration of contracts
  • Hague-Visby rules regarding bills of lading
  • Responsibilities, liabilities, rights and immunities of carrier
  • Arbitration clauses, letters of indemnity

^[1] For a discussion of carriage of goods by air, see Halsbury's Laws of Canada – Aviation and Space

Transportation - Railways
Rui M. Fernandes, B.Sc., J.D., LL.M.

Once at the very heart of commercial activity and the Canadian Dream, railways still play an important part in the transport of passengers and goods, and rail lines are omnipresent in virtually every populated region in Canada. Transportation - Railwaysprovides a comprehensive and national treatment of the law governing the construction, operation, safety and oversight of federal and provincial railways, including matters such as:

• The legislative framework
• Role and powers of the Canadian Transportation Agency
  • Orders, enforcement and appeals
  • Mediation and arbitration
  • Violations and offences under the legislation
• Regulation of railway construction
  • Expropriation of land
  • Location, re-location and approval procedures
  • Construction and maintenance costs
• Safety standards and regulation
  • Duty of care, rights of way and railway crossings
  • Environmental protection
  • Passenger car safety requirements
• Powers, responsibilities and management of railway companies
• Traffic operations and rules
• Carriage of passengers
  • Service requirements, persons with disabilities and personnel training
  • Baggage issues
• Tariffs, rates and freight

Trusts
Maria Elena Hoffstein, M.A., LL.B.

Trusts, an innovative concept of the common law, have become increasingly significant in modern legal practice. The unique nature of trusts, and its many varied forms, makes it an important tool in estates law, commercial law, international law, pension and benefits law, among others, providing inventive and flexible solutions to traditional legal issues. Halsbury's Truststitle classifies and analyzes the many different types of trusts, how they are created and how they can be used in a variety of contexts. This essential resource, which includes discussion of trusts under the Quebec Civil Code, generates a competitive advantage for practitioners able to apply trust principles to different areas of practice.

Topics in this national reference include:

• Nature of trusts
• Classification and characteristics of trusts
• Express trusts and trusts arising by operation of law
• Purpose trusts
  • Charitable trusts and non-charitable purpose trusts
• Limitations on the creation of trusts
  • Illegal objects, invalid conditions
  • Restraining alienation or contravening perpetuities
  • Defrauding creditors and claimants in bankruptcy
  • Trusts detrimental to the settlor's family
• Constituting the trust
• The Statute of Frauds and trust formalities
• Scope of powers
• Administration of trusts
  • Duties, powers and rights of trustee
  • Breach of trust
• Variation and termination of trusts
  • Power of encroachment
  • Rule in Saunders v. Vautier

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

Plus

• Table of cases
• Table of statutes and statutory instruments
• List of related titles
• Index