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The Law of Declaratory Judgments, 5th Edition

This title 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.
Publication Language: English
Book
$205.00
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Softcover | 464 pages

This Product is on PreOrder
Published: December 31, 2024
ISBN/ISSN: 9780433534617

Product description

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.

The analysis of the subject 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 practitioners, academics, researchers, and students with the tools necessary to understand this complex area of law from both a theoretical and practical point of view.

 

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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