Law Administrative / Constitutional Law

Hogg's Liability of the Crown 5th Edition

Edited by Patrick Monahan · Wade Wright · Erika Chamberlain
The Carswell Company Ltd. August 2024

Specifications

ISBN-13
9781038205544
Publisher
The Carswell Company Ltd.
Publication
August 2024
Format
Hardback
Jurisdiction
Canada ? Countri(es) for reference only

Details

Hogg’s Liability of the Crown, 5th Edition is a fully updated new edition of this leading text in the field of government liability – the first since the 4th Edition published in 2011.

With the government assuming an important role in most areas of economic and social life, issues relating to potential legal liability for wrongful or negligent activity have taken on increasing importance.

When things go wrong, whether it involves matters as diverse as problems with the blood supply, with unsafe drinking water, or the failure of a major financial institution, those who suffer loss inevitably look to whether their losses can be traced back to government or regulatory failure.

Highlights of the 5th edition:

In this new 5th Edition by authors Patrick J. Monahan, Wade K. Wright and – new as of this edition – Erika Chamberlain:

  • Every chapter has been carefully reviewed and comprehensively updated;
  • Includes a discussion of the new Ontario Crown Liability and Proceedings Act, 2019;
  • Includes a new discussion of core policy immunity, drawing on the recent decisions of the Supreme Court of Canada in R. v. Imperial Tobacco (2011) and Nelson (City) v. Marchi (2021);
  • Includes a revised discussion of compensation for expropriation, drawing on the recent decision of the Supreme Court of Canada in Annapolis Group v. Halifax Regional Municipality (2022);
  • Includes a revised discussion of the Crown’s sui generis fiduciary obligation to Indigenous Peoples.

Table of Contents

Preface
Table of Cases
1.
Introduction
2.
Remedies
3.
Enforcement of Judgements
4.
Procedure
5.
Evidence
6.
Tort: General Principles
7.
Tort: Negligence
8.
Tort: Liability of Servants
9.
Contract
10.
Restitution
11.
Taking
12.
Trust
13.
Estoppel
14.
Crown as Creditor
15.
Statutes
16.
Crown Agents
17.
Federal Questions
18.
Conclusion
Selected Bibliography
Index
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