Lexis Nexis The Law of Declaratory Judgments, 5th Edition
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Product description
Previous editions cited by all levels of court, including the Supreme Court of Canada
The Law of Declaratory Judgments, 5th Edition is an authoritative review and study of declaratory judgments in Canada, a unique reference and guide to what declaratory judgments are, and when and how they can and should be used.
Previous editions of this book have been cited by the courts in major cases dealing with the subject, multiple times by the Supreme Court of Canada and the provincial Courts of Appeal. Author Lazar Sarna has been recognized in the 2025 edition of Best Lawyers in Canada for his high caliber work in Corporate and Commercial Litigation as well as Corporate Law.
The analysis of the subject matter in this book includes reference to historical origins, procedural requirements, jurisdictional framework, and application of the declaratory judgment in the determination of issues in constitutional, administrative, municipal, labour, contractual, and estate law. Along with an overview of the Canadian law, the author gives special attention to the experience of Quebec courts in the matter of declaratory relief.
In addition to analyses and discussions of the substantive law, The Law of Declaratory Judgments, 5th Edition also addresses the practical aspects of the law through forms of precedents. Dealing with an area of law where there is little current, available commentary, this is an indispensable resource providing readers with the tools necessary to understand this complex area of law from both a theoretical and practical point of view.
What’s New In This Edition
- Traces current trends in the judicial approach to declarations
- Widens the discussion of the role of declaratory judgments in the fields of constitutional law and indigenous rights
- Follows the development and interpretation of the recent procedural laws in Quebec
- Updated legislative developments and case law since the previous edition published 8 years ago
Who Should Read This Book
- Practitioners looking for guidance in drafting, application and validity
- Judges looking for guidance in use of discretion and application
- Academics, researchers and students looking for a major treatise that provides a comprehensive overview of declaratory judgments
Table of contents
PREFACE
CHAPTER 1: NATURE OF THE DECLARATORY JUDGMENT
CHAPTER 2: DEFINITION AND CONTEXT
CHAPTER 3: DISCRETION
CHAPTER 4: JURISDICTION
CHAPTER 5: PRACTICE AND PROCEDURE
CHAPTER 6: STATUTES AND ORDERS IN COUNCIL
CHAPTER 7: STATUTES AND RULES
CHAPTER 8: MUNICIPAL LAW
CHAPTER 9: LABOUR LAW
CHAPTER 10: CONTRACTUAL ISSUES
CHAPTER 11: PROPERTY
CHAPTER 12: GIFTS, WILLS, SUCCESSIONS
CHAPTER 13: STATUS
CHAPTER 14: JUDGMENTS
CHAPTER 15: CONCLUSIONS
APPENDIX A: RELATED STATUTES AND RULES
APPENDIX B: PRECEDENTS
BIBLIOGRAPHY
TABLE OF CASES
TABLE OF STATUTES
INDEX
