LAW OF LIMITATIONS.


Book Description




Substance and Procedure in Private International Law


Book Description

When the law of a foreign country is selected or pleaded by a claimant or defendant, a question arises as to whether the issue pertains to substance, in which case it may be resolved by foreign law, or procedure, in which case it will be governed by the law of forum. This book examines the distinction between substance and procedure questions in private international law, and analyses where and whether each is appropriate. To do so, it examines previous attempts to define the scope of procedure in private international law, considers alternative choice of law methods for referring matters to the law of forum, and examines the influence of the doctrine of characterization on procedure. Substance and Procedure in Private International Law also provides detailed analysis of the decisional law in which the substance-procedure distinction has been employed, creating a clear assessment of its application in various practical situations and providing valuable guidance for practitioners on how the distinction should be applied. The book also considers 'procedural' topics such as service of process and the taking of evidence abroad, in order to show how the application of forum law may further be limited by foreign laws. With a foreword by the Hon Sir Anthony Mason.




The Limits of Regionalism


Book Description

Assessing the effectiveness of the North American Agreement on Labour Cooperation (NAALC), this book examines the operation of the core institutions (the Secretariat and National Administrative Offices) over the past seven years. It discusses the main functions of these institutions in hearing public submissions on violations of labour laws and in conducting research and cooperative activities. Based on interview research, the analysis reviews the strengths and weaknesses of the accord to assess its contribution to a common labour relations regime in North America and its impact in creating new transnational communities of actors in government and civil society in the three countries. The NAALC is also compared with the social dimension of the European Union system, and a final assessment is made as to whether the NAALC institutions live up to the promises of their founders and whether these can be a model for labour relations in any future Free Trade Area of the Americas (FTAA) agreement.




Dominion Law Reports


Book Description




Closing the Enforcement Gap


Book Description

The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. Closing the Enforcement Gap Research Group Leah F. Vosko Guliz Akkaymak Rebecca Casey Shelley Condratto John Grundy Alan Hall Alice Hoe Kiran Mirchandani Andrea M. Noack Urvashi Soni-Sinha Mercedes Steedman Mark P. Thomas Eric M. Tucker International/Quebec Contributors Nick Clark Dalia Gesualdi-Fecteau Tess Hardy John Howe Guylaine Vallée David Weil







From Consent to Coercion


Book Description

Published Under the Garamond Imprint From Consent to Coercion addresses several of the key issues about the future of unions and social democratic policies in Canada.




Property Law


Book Description

The first book of its kind, Property Law: Comparative, Empirical, and Economic Analyses, uses a unique hand-coded data set on nearly 300 dimensions on the substance of property law in 156 jurisdictions to describe the convergence and divergence of key property doctrines around the world. This book quantitatively analyzes property institutions and uses machine learning methods to categorize jurisdictions into ten legal families, challenging the existing paradigms in economics and law. Using other cross-country data, the author empirically tests theories about property law and comparative law. Using economic efficiency as both a positive and a normative criterion, each chapter evaluates which jurisdictions have the most efficient property doctrines, concluding that the common law is not more efficient than the civil law. Unlike prior studies on empirical comparative law, this book provides detailed citations to laws in each jurisdiction. Data and documentation are publicly available on the author's website.




Uneasy Partnership


Book Description

"Both teachers and students are indebted to Professor Hale for this up-to-date, comprehensive, and high-quality text." - Kenneth Kernaghan, Brock University




Policy Success in Canada


Book Description

This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. In Canada many public projects, programs, and services perform well, and many are very successful. However, these cases are consistently underexposed and understudied in the policy literature which, for various reasons, tends to focus on policy mistakes and learning from failures rather than successes. In fact, studies of public policy successes are rare not just in Canada, but the world over, although this has started to change (McConnell, 2010, 2017; Compton & 't Hart, 2019; Luetjens, Mintrom & 't Hart, 2019). Like those publications, the aims of Policy Success in Canada are to see, describe, acknowledge, and promote learning from past and present instances of highly effective and highly valued public policymaking. This exercise will be done through detailed examination of selected case studies of policy success in different eras, governments, and policy domains in Canada. This book project is embedded in a broader project led by 't Hart and OUP exploring policy successes globally and regionally. It is envisaged as a companion volume to OUP's 2019 offering Great Policy Successes (Compton and 't Hart, 2019) and to Successful Public Policy in the Nordic Countries (de La Porte et al, 2022). This present volume provides an opportunity to analyze what is similar and distinctive about introducing and implementing successful public policy in one of the world's most politically decentralized and regionally diverse federation and oldest democratic polities.