Halsbury's Laws of Canada - Transportation - Carriage of Goods / Transportation - Railways / Trusts

Description

Begin updating your law library today!

$135* per volume (ISBN: 9780433454946) OR purchase individual volumes at $280 each.

For more information or to place an order please contact us.

*Per volume with commitment to purchase the entire 77-volume set.

------------------------------------------------------------------------------------

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

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 fields 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

Table of Contents

Transportation – Carriage of Goods

1. Carriage of Goods by Road
2. Carriage of Goods by Rail
3. Carriage of Goods by Water

Transportation – Railways

1. Federal and Provincial Railways
2. The Canadian Transportation Agency
3. Railway Construction and Safety of Railway Lands
4. Railway Traffic Operations
5. Carriage of Passengers
6. Tariffs, Rates and Payment of Freight
7. Financial Transactions of Railway Companies
8. Violations and Offences under the Canada Transportation Act

Trusts

1. Nature of Trusts
2. Modern Uses of Trusts
3. Express Trusts
4. Trusts Arising by Operation of Law
5. Purpose Trusts
6. Limitations on the Creation of Trusts
7. Constituting the Trust
8. The Statute of Frauds and Trust Formalities
9. Trusts and Powers
10. Administration of Trusts
11. Variation and Termination of Trusts

Author/Contributor

Rui M. Fernandes, B.Sc., J.D., LL.M. / Maria Elena Hoffstein, M.A., LL.B.

Rui M. Fernandes, B.Sc., J.D., LL.M., is a partner with Fernandes Hearn LLP, a Toronto-based litigation law firm, who specializes in maritime and transportation law. Mr. Fernandes received his B.Sc. from the University of Toronto in 1976, his J.D. from Osgoode Hall Law School in 1979, and his LL.M. from the University of London (London School of Economics and Political Science) in 1981. He was called to the Ontario bar in 1982 and has appeared in all levels of court in Canada including the Supreme Court of Canada. His previous publications include Transportation Law (Looseleaf Service), Boating Law of Canada, 2004 and other publications.

Maria Elena Hoffstein, M.A., LL.B., is a partner with Fasken Martineau DuMoulin LLP and head of the Toronto office's Wealth Management and Charities practice group. She practices in the areas of wills and trusts, estate planning, family business succession planning, person tax, corporate reorganizations, marriage contracts, and charities and not for profit law. She also represents clients in estate litigation matters, including will challenges, mental capacity matters, applications for advice and direction of the court and passing of fiduciary accounts. In 2006, she received the Ontario Bar Association Award of Excellence in Trusts and Estates in recognition of her leadership and contribution to estates and trusts law.

To order or for current pricing go to:
store.lexisnexis.ca/store/ca or 1-800-668-6481

Price subject to change. Shipping, handling, and sales tax will be added where applicable. LexisNexis, the Knowledge Burst logo, and lexis.com are registered trademarks of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark of Matthew Bender properties Inc. Other products or services may be trademarks or registered trademarks of their respective companies. Copyright 2012 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. No part of these materials including graphics or logos, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission of LexisNexis. Distribution for commercial purposes is prohibited.