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Halsbury's Laws of Canada – Legislatures (2019 Reissue) / Misrepresentation and Fraud (2019 Reissue) / Missing Persons and Absentees (2019 Reissue)

Legislatures provides a concise overview of the structure, powers and workings of the Canadian Parliament and the various provincial legislatures. Misrepresentation and Fraud summarizes the law governing the various civil remedies that are available to a person who has relied on a false representation made by another party and suffered damage as the result. Missing Persons and Absentees addresses the legal complications that may arise after a person has disappeared and it is not known whether the person is alive or dead.
Publication Language: English
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$310.00
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Published:
ISBN/ISSN: 9780433500810

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LEGISLATURES
Chris Bentley, LL.B., Dip. Leg. St. & Sheila Nemet-Brown, B.A. (Hons.), LL.B.

This title provides a concise overview of the structure, powers and workings of the Canadian Parliament and the various provincial legislatures. It includes a discussion of:

  • Parliamentary privilege
  • The role of the Queen and Governor -General
  • The organization of the House of Commons and provincia lLegislative Assemblies
  • Executive Council and ministers
  • Laws affecting the members of the federal and provincial legislatures


MISREPRESENTATION AND FRAUD
Janela Jovellano, B.A., LL.B. & Shirley Margolis, B.A., J.D.

This title summarizes the law governing the various civil remedies that are available to a person who has relied on a false representation made by another party and suffered damage as the result. Topics covered include:

  • The elements of fraudulent misrepresentation
  • Fraudulent misrepresentation founded in contract and tort
  • Innocent and negligent misrepresentation
  • Defences to fraudulent misrepresentation
  • Remedies


MISSING PERSONS AND ABSENTEES
Catherine Morin, B.Mus. (Hons.), LL.B.

This title addresses the legal complications that may arise after a person has disappeared and it is not known whether the person is alive or dead. Topics covered include:

  • Obtaining and setting aside a declaration that a person is anabsentee or missing person
  • Property of absentees or missing persons
  • Appointment, powers and removal of a trustee
  • Presumption of death and subsequent determination that a person is alive

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Table of contents

LEGISLATURES

I. Parts of Parliament and Legislative Assemblies

II. Parliamentary Privilege and Public Interest Immunity

1. Overview
2. Specific Privileges
3. Application of the Privilege
4. Breach of Privilege
5. Cabinet Confidences and Public Interest Immunity

III. The Queen
1. Governor General of Canada
2. Provincial Lieutenant Governor

IV. House of Commons and Provincial Legislative Assemblies
1. Duration, Sittings and Termination
2. Proceedings in the House or Assembly
3. Offices of the Legislative Assembly
4. Specific Procedural Provisions
5. Language Requirements
6. Committees
7. Vacancies

V. Executive Council and Ministers
1. Federal Executive Council and Cabinet
2. Provincial and Territorial Executive Council
3. Conflict of Interest Prohibitions

VI. Members
1. Election
2. Eligibility
3. Ineligibility to Serve
4. Communications with Constituents
5. Conflicts of Interest
6. Conduct of Members

VII. The Senate
1. Functions
2. Senators
3. Senate Committee on Internal Economy, Budgets and Administration
4. Senate Ethics Officer

VIII. Financial Issues
1. Federal Board of Internal Inquiry
2. Parliamentary Budget Officer
3. Provincial and Territorial Control of Expenses
4. Remuneration and Expenses
5. Severance and Transition Allowances
6. Disability Allowance or Benefits
7. Pensions for Persons Ceasing to Be Members of Parliament
8. Provincial Pensions or Retirement Allowances


MISREPRESENTATION AND FRAUD

I. The Law of Misrepresentation and Fraud in Canada

1. Introduction
2. The Elements of Fraudulent Misrepresentation
3. Silence and Non-Disclosure

II. The Relationship Between Contract and Tort Actions for Fraudulent Misrepresentation
1. Introduction
2. The Effect of a Contract on Tort Liability for Fraudulent Misrepresentation
3. Concurrency in Contract and in Tort

III. Fraudulent Misrepresentation Founded in Contract
1. Fraudulent Misrepresentation Inducing a Contract
2. Pre-Contractual Representations
3. Parol Evidence Rule
4. Limitation and Disclaimer Clauses in Contracts
5. Enforcement of Contracts Induced by Fraudulent Misrepresentation
6. Contracts of Purchase and Sale of Real Property

IV. Fraudulent Misrepresentation Founded in Tort
1. The Tort of Fraudulent Misrepresentation
2. Actions in Tort for Fraudulent Misrepresentation

V. Innocent Misrepresentation
1. Introduction
2. Circumstances in which Innocent Misrepresentation May Arise
3. Innocent Misrepresentation Amounts to a Collateral Warranty
4. Remedies for Innocent Misrepresentation
5. Pleading Innocent Misrepresentation

VI. Negligent Misrepresentation
1. History and Elements of Negligent Misrepresentation
2. The Duty of Care Element
3. The Nature of the Representation
4. The Standard of Care
5. Reliance and Causation
6. Circumstances in which Negligent Misrepresentation May Arise
7. The Effect of a Contract in a Tort Action for Negligent Misrepresentation
8. Damages for Negligent Misrepresentation
9. Defences to Negligent Misrepresentation
10. Pleading Negligent Misrepresentation

VII. Defences to Fraudulent Misrepresentation
1. Defences Related to Requisite Elements
2. Expiry of Limitation Period
3. Valid Defences Specific to Contract
4. Defences Not Accepted by the Courts
5. Fraudulent Misrepresentation as a Defence

VIII. Remedies
1. Introduction
2. Rescission
3. Damages
4. Rectification
5. Consumer Protection Legislation

IX. Pleading Fraudulent Misrepresentation in Civil Matters
1. Introduction
2. Rules of Court
3. Limitations Period
4. Pleadings
5. Decisions at the Appellate Level


MISSING PERSONS AND ABSENTEES

I. Introduction

1. General
2. Absentees or Missing Persons Defined

II. Declaration that Person is an Absentee or Missing Person
1. Obtaining Declaration
2. Setting Aside Declaration

III. Property of Absentees or Missing Persons
1. General
2. Appointment of Trustee
3. Powers and Duties of Trustee
4. Removal or Discharge of Trustee
5. Return of Property Where Person Subsequently Found

IV. Presumption of Death
1. Declaration
2. Effect of Order
3. Distribution of Property
4. Where Person Subsequently Determined to Be Alive