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11 LE DROIT DE LA FAMILLE was published in Contrôle coercitif on page 223.
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"Tort law includes the legal rules that govern many important subjects such as negligence, nuisance, defamation and trespass. These rules are of foundational importance for lawyers and judges and are also important for members of the public seeking to understand their rights and responsibilities in their everyday and commercial activities. Because tort law is primarily drawn from the results of many judicial decisions in individual cases, it can be difficult to understand. Introduction to the Canadian Law of Torts, 4th Edition provides the explanation and analysis needed to confidently navigate not only the key concepts but also many of the details and subtleties. Written by a team of leading tort law scholars, the fourth edition builds on the earlier editions written by the late Gerald Fridman, one of the finest legal scholars of his generation. It is a must-have addition to the libraries of practitioners and law students alike. It is an essential resource for those learning tort law and an excellent primer and quick reference for those with greater familiarity" --Publisher description.
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Alongside the dominant law and economics and corrective justice approaches to tort law, a new genre of tort theory based on principles and perspectives of social justice has come into its own and deserves recognition. Social justice tort theory starts from the premise that tort law reflects and reinforces systemic forms of injustice in the larger society and maintains that the compensatory ideal of tort law cannot be extricated from these larger systems. It is multi-dimensional and intersectional, recognizing that the impact of injury lands intersectionally, sometimes changing the intensity of the injury or distorting the nature of the injury. Social justice tort scholars have examined torts in gendered and racialized contexts, as well as in ordinary cases that seem to have little to do with systemic injury. In addition to feminist and critical race theory, they have borrowed from critical disability studies, queer theory and political economy. Their work demonstrates how tort law unfairly distributes damages, fails to provide adequate relief for victims of sexual assault or for people who suffer racial insult and discrimination, and erases maternal and reproductive harms. In their work, we can see common deconstructive moves (an emphasis on disparate impacts and devaluation; a teasing out of cognitive bias; and a critique of exceptionalism in tort doctrine) as well as guiding principles for reconstruction (incorporating victims’ perspectives; treating boundaries between civil rights law and tort law as permeable; and enhancing dignity and recognition).
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The present study revolves around an observation by the Honorable Nicholas Kasirer according to which an incompatibility of temperament exists between civil liability and conjugal life, making it difficult to sanction faults committed between spouses or de facto spouses by virtue of the extra- contractual liability regime. Drawing a connection between two legal disciplines - family law and civil liability - the proposed reflection revolves around the deviations incurred by the norm depending on the bond uniting the parties. In order to identify these deviations, the author first turns their gaze to the past, highlighting the technical and moral obstacles that have historically hindered the effectiveness of the law of extracontractual liability in the conjugal context. A picture of the contemporary jurisprudential treatment of the various faults relating to conjugal and married life is then drawn up. Through this exercise, certain behaviors recently assimilated to the commission of a civil fault, such as parental alienation, are highlighted. At the end of this portrait, the reader will be able to observe the shift incurred by the aims of the law of extracontractual liability as it interacts with the conjugal and marital cell. Initially used as a tool to protect the institution of marriage, the general regime of extra-contractual liability is increasingly seen as an essential vector in the establishment of a fundamental conjugal and marital civility.
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The 11th edition of Family Law: Cases, Notes and Materials is a comprehensive, carefully curated collection of text, cases, commentary, notes, and questions dealing with the key areas of family law. It is intended as the fundamental text for introductory courses in family law, but, as with previous editions, it is also a useful initial research source for practitioners. This book provides up-to-date coverage of the main issues in family law, the laws governing marriage and divorce, property for both married and unmarried cohabitants, spousal support, child support, parenting, and domestic agreements. This edition includes coverage of emerging aspects of family law as well, such as evolving concepts of parentage, hearing the views of children, the impact of family violence, and social trends that affect family law in an increasingly diverse Canadian society. The 11th edition includes: detailed consideration of the 2021 reforms to parenting laws in the Divorce Act (Bill C-78) and corresponding provincial legislation, and the Supreme Court in BJT v. DT ; greater emphasis on inter-relationship of various issues in family law, in particular, significance of family violence for a range of issues, including the Supreme Court decision in Barendregt v. Grebliunas ; more emphasis on issues of professional responsibility, ethics, and the practice of family law ; updated discussion of issues related to domestic contracts, including the Supreme Court decision in Anderson v. Anderson ; greater consideration of issues related to the increased diversity of Canadian society and the growing number of multiracial families ; consideration of legal issues related to polyamorous families and parenting of transgender children. --publisher.
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