Doing Legal Research in Canada - Canadian Legal Research: By Topic

Guide: Table of Contents / Introduction / Canadian Primary Resources / Canadian Secondary Resources
Canadian Legal Organizations / Canadian Legal Publishers / Research by Topic

This section of Doing Legal Research in Canada provides Canadian law-related information on twenty-five legal topics and lists leading legal textbooks or other legal research sources for those topics:

  1. Aboriginal law - Canada
  2. Administrative law - Canada
  3. Banking law - Canada
  4. Bankruptcy and insolvency law - Canada
  5. Civil procedure - Canada
  6. Communications law - Canada
  7. Constitutional law - Canada
  8. Contract law - Canada
  9. Corporate law - Canada
  10. Criminal law - Canada
  11. Crown law - Canada
  12. Damages - Canada
  13. Debtor/creditor law - Canada
  14. Employment & labour law - Canada
  15. Environmental law - Canada
  16. Family law - Canada
  17. Immigration law - Canada
  18. Insurance law - Canada
  19. Intellectual property law - Canada
  20. Labour law - Canada
  21. Real property law - Canada
  22. Securities law - Canada
  23. Taxation law - Canada
  24. Tort law - Canada
  25. Trusts and estates law - Canada

1. Aboriginal Law - Canada

Aboriginal law in Canada is governed largely by federal legislation such as the Indian Act, R.S.C. 1985, c. I-5, an Act administered by the Department of Indian and Northern Affairs (whose pages also contain additional legislation affecting native people).

Library of Congress subject headings for this topic include "Native Peoples - Canada - Legal status, laws, etc.," "Indians of North America - Canada - Legal status, laws, etc.," Indigenous peoples - Canada - Legal status, laws, etc."

Leading Canadian textbooks on aboriginal law are as follows:

  • Asch, Michael, Ed. Aboriginal and Treaty Rights in Canada: Essays on Law, Equity, and Respect for Difference. Vancouver, B.C.: UBC Press, 1997.
  • Borrows, John and Rotman, Leonard. Aboriginal Legal Issues: Cases, Materials and Commentary. 3rd ed. Toronto, Ont.: Butterworths, 2007
  • Canada. Royal Commission on Aboriginal Peoples. Report of the Royal Commission on Aboriginal Peoples. Ottawa, Ont.: The Commission, 1996.
  • Consolidated Native Law Statutes, Regulations, and Treaties. Scarborough, Ont.: Carswell, 1998.
  • Elliott, David W., Ed. Law and Aboriginal Peoples of Canada. 5th ed. North York, Ont.: Captus Press, 2005.
  • Macklem, Patrick, et al. Aboriginal Self-government: Legal and Constitutional Issues. Ottawa, Ont.: Royal Commission on Aboriginal Peoples, 1995.
  • Reiter, Robert Alan. The Law of First Nations. Edmonton: Juris Analytica Publishing, 1996.

2. Administrative Law - Canada

Administrative law in Canada is a well-defined area of law due to the proliferation of government regulatory bodies in the past half-decade. Much of administrative law arises in the common-law through judicial decisions, although many regulatory bodies, and the procedures they must follow, are governed by legislation. In addition, most jurisdictions have legislation specifically governing procedure before or appealing from regulatory bodies, such as the Judicial Review Procedure Act, R.S.B.C. 1996, c. 241.

Library of Congress subject headings for this topic include "Administrative law - Canada" and "Judicial review of administrative acts - Canada."

Leading Canadian textbooks on administrative law are as follows:

  • Blake, Sara. Administrative Law in Canada. 4th ed. Toronto: Butterworths, 2006.
  • Brown, Donald J.M. Judicial Review of Administrative Action in Canada. Toronto, Ont: Canvasback Publishing, 1998.
  • Jones, David Phillip and Anne S. de Villars. Principles of Administrative Law. 4th ed. Scarborough, Ont: Carswell, 2004.
  • Kavanagh, John A. A Guide to Judicial Review. 2nd ed. Toronto: Carswell, 1984.
  • Mullan, David. Administrative Law. Concord, Ont: Irwin Law, 2001. Available on QUICKLAW (subscription required).

3. Banking Law - Canada

Banking law in Canada is largely governed by federal legislation under the Bank Act, S.C. 1991, c. 46 and the Trust and Loan Companies Act, S.C. 1991, c. 45. Federal banks fall under the jurisdiction of the Ministry of Finance, who have a number of online documents regarding Canadian financial institutions. Additional legislation can also apply, and credit unions are often governed by provincial legislation, such as the Credit Union Act, S.N.S. 1994, c. 4. A number of online documents are available on the website of the Canadian Bankers Association, an organization representing Canada's chartered banks.

Library of Congress subject headings for this topic include "Banking law - Canada" and "Banks and banking - Canada."

Leading Canadian textbooks on banking law are as follows:

  • Baxter, Ian. F.G. Law of Banking. 4th ed. Scarborough, Ont: Carswell, 1992.
  • David, Guy and Louise S. Pelly. The Annotated Bank Act. Scarborough, Ont: Carswell, [annual].
  • L'Heureux, Nicole. Droit bancaire. 3d ed. Cowansville, Quebec : Editions Y. Blais, c1999.
  • Manzer, Alison R. and Jordan Bernamoff. The Corporate Counsel Guide to Banking and Credit Relationships. Aurora, Ont: Canada Law Book, 1999.
  • Ogilvie, Margaret H. Canadian Banking Law. Scarborough, Ont: Carswell, 1998.
  • Ogilvie, Margaret H. Bank and Customer Law in Canada. Toronto, ON: Irwin Law, 2007.
  • Tory, Tory. Consolidated Bank Act and Regulations 2000. 11th Edition. Scarborough, Ont: [annual].
  • Waldron, Mary Anne. The Law of Interest in Canada. Scarborough, Ont: Carswell, 1992.

4. Bankruptcy and Insolvency Law - Canada

Bankruptcy and insolvency law is generally governed by federal legislation, including the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 and the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36. Provincial law also affects issues of bankruptcy and insolvency in various corporate legislation and laws governing preferences. Additional information and documents are included at the website of the federal Office of the Superintendent of Bankruptcy.

Library of Congress subject headings for this topic include "Bankruptcy - Canada" and "Corporate reorganizations - Canada."

Leading Canadian textbooks on bankruptcy and insolvency law are as follows:

  • Bennett, Frank. Bennett on Bankruptcy. 10th ed. North York, Ont: CCH Canadian, 2007.
  • Houlden, Lloyd W. and C.H. Morawetz. Bankruptcy and Insolvency Law of Canada. 3rd ed. Scarborough, Ont: Carswell, 1992- [looseleaf]. Also available on CD-ROM [Bankruptcy Partner - also contains legislation and caselaw] and by Internet subscription [Insolvency Source - also contains legislation and caselaw].
  • McLaren, Richard H. Canadian Commercial Reorganization: Preventing Bankruptcy. Aurora, Ont: Canada Law Book, 1994- [looseleaf].
  • Ziegel, Jacob et al. Canadian Bankruptcy and Insolvency Law: Cases, Text and Materials. Toronto: E. Montgomery, 2003.
  • Sarna, Lazar. The Law of Bankruptcy and Insolvency of Canada. Rev. ed. Markham, ON: LexisNexis Butterworths, 2004 [loose-leaf]

5. Civil Procedure - Canada

Civil procedure in Canada is generally governed by rules of court applicable to the jurisdiction in question. Thus, there are rules of court for both provincial and superior courts and for the Federal Court of Canada and Supreme Court of Canada. The following is a sample of court rules that are available online:

Library of Congress subject headings for this topic include "Civil procedure - [jurisdiction]" and "Court rules - [jurisdiction]."

Leading Canadian textbooks on civil procedure are as follows:

  • Carswell. Civil Practice Partner [CD-ROM]. Toronto: Carswell. Updated 4 times per year. Contains Ontario, Federal and Supreme Court of Canada Rules of Court and Carswell's Practice Cases, along with other publications. Also now available on WestlaweCARSWELL as part of their Litigator product.
  • Carswell. Rules Concordance and Case Locator [CD-ROM]. Toronto: Carswell, 2000. Contains full-text rules of court from all common-law provinces, along with a concordance and links to full-text court decisions. Also now available on WestlaweCARSWELL as part of their Litigator product.
  • Crane, Brian A. and Henry S. Brown. Supreme Court of Canada Practice. Scarborough, Ont: Carswell, 1991- [annual]. Also now available on WestlaweCARSWELL as part of their Litigator product.
  • Hughes, Roger T. Annotated Federal Court Act and Rules. Markham, Ont: Butterworths,[annual].
  • Salhany, Roger A. The Preparation and Presentation of a Civil Trial. Toronto: Butterworths, 2000.
  • Sgayias, David. Federal Court Practice. Toronto, Carswell: 1987- [annual].
  • Stevenson, William A. et al. Civil Procedure Encyclopedia. Edmonton: Juriliber, 2003 [5 vol.].
  • Stockwood, David. Civil Litigation: A Handbook. 5th ed. Scarborough, Ont: Carswell, 2004.
  • Watson, Garry D. and Craig Perkins. Holmested and Watson: Ontario Civil Procedure. Toronto: Carswell, 1984- [looseleaf]. Also now available on WestlaweCARSWELL as part of their Litigator product.
  • Watson, Garry D. and Michael McGowan. Ontario Civil Practice. Toronto: Carswell, [annual]. Also now available on WestlaweCARSWELL as part of their Litigator product.
  • Williston, W.B. and R.J. Rolls. Williston and Rolls' Court Forms. Toronto: Butterworths, 1981- [looseleaf].
  • Zuker, Marvin A. Ontario Small Claims Court Practice. Toronto: Carswell, 1991- [annual]. Also now available on WestlaweCARSWELL as part of their Litigator product.

6. Communications Law - Canada

Communications law in Canada tends to be heavily regulated by the federal government through such government agencies as the Canadian Radio-television and Telecommunications Commission (CRTC) and by the federal Broadcasting Act, S.C. 1991, c. 11 and Telecommunications Act, R.S.C. 1993, c. 38.

Library of Congress subject headings for this topic include "Telecommunication - Law and legislation - Canada"

Leading Canadian textbooks on communications law are as follows:

  • Biron, Dorthee and Philippe Vaillant. Canadian Legislation on Telecommunications 1997. Toronto: Carswell, 1997.
  • Handa, Sunny. Communications Law in Canada. Toronto: Butterworths, 2000- [loose-leaf]
  • Law Society of Upper Canada. Canadian Communications Law and Policy in the 1990's. Toronto: Law Society of Upper Canada, 1990.
  • Law Society of Upper Canada. New Developments in Communications Law and Policy: Canada and the Global Information Society. Toronto: Law Society of Upper Canada, 1996.
  • Ryan, Michael H. Canadian Telecommunications Law and Regulation. Scarborough, Ont: Carswell, 1993- [looseleaf].

7. Constitutional Law - Canada

The implementation of the Canadian Charter of Rights and Freedoms (the "Charter") in 1982 has increased the profile of constitutional law in Canada due to a number of high profile human rights cases being decided by the Supreme Court of Canada. Constitutional law involves a combination of the application of various federal legislation (including the Charter and the Constitution Act, 1867), provincial legislation and case law.

Library of Congress subject headings for this topic include "Constitutional law - Canada" and "Civil rights - Canada."

Leading Canadian textbooks on constitutional law are as follows:

  • Balkan, Joel et al. Canadian Constitutional Law. 3rd. Toronto: E. Montgomery, 2003.
  • Beatty, David M. Constitutional Law in Theory and Practice. Toronto: University of Toronto Press, 1995.
  • Beaudoin, Gerald A. and Errol Mendes. The Canadian Charter of Rights and Freedoms. 3rd ed. Toronto: Carswell, 1996.
  • Carswell. The Annotated Charter of Rights and Freedoms. Toronto: Carswell, [annual].
  • Hogg, Peter W. Constitutional Law of Canada. Scarborough, Ont: Carswell, 1999.
  • Magnet, Joseph Eliot. Constitutional Law of Canada: Cases, Notes and Materials. 9th ed. Edmonton, Juriliber Ltd., 2007.
  • Monahan, Patrick. Constitutional Law. 3rd ed. Concord, Ont: Irwin Law, 2006. Available on QUICKLAW (subscription required).
  • Roach, Kent. Constitutional Remedies in Canada. Aurora, Ont: Canada Law Book, 1994- [looseleaf].
  • Sharpe, Robert J. et al. The Charter of Rights and Freedoms. 3rd ed. Toronto: Irwin Law, 2005. Available on QUICKLAW (subscription required).

8. Contract Law - Canada

Contract law in Canada is governed largely by judge-made common-law, although there is some legislation that affects contracts, include statutes of fraud legislation, consumer protection legislation and sales of goods act legislation (usually provincial legislation). Some regard is still granted to classic English textbooks on contract law in Canada, but there is now a large body of Canadian law on point to lessen the need to consult English authorities.

The Library of Congress subject heading for this topic is "Contracts - Canada"

There are several Canadian treatises on contract law:

  • Fitzgerald, Jean. Fundamentals of Contract Law. 2nd ed. E. Montgomery, 2005.
  • Fridman, G.H.L. The Law of Contract. 5th ed. Scarborough, Ont: Carswell, 2006.
  • Swan, John. Canadian Contract Law. Toronto: LexisNexis Butterworths, 2006.
  • Waddams, S.M. The Law of Contracts. 5th ed. Aurora, Ontario: Canada Law Book, 2005.

9. Corporate Law - Canada

Corporate law in Canada is governed by both federal legislation (such as the Canada Business Corporations Act, R.S.C. 1985, c. C-44) and provincial legislation (such as the Business Corporations Act, S.B.C. 2002, c. 57, for British Columbia companies), depending on whether the company is incorporated or carries on business federally or provincially. Some corporate information is available online, such as the Federal Corporations Directorate Homepage, the British Columbia Corporation Registry, and the Nova Scotia Registry of Joint Stock Companies.

Library of Congress subject headings for this topic include "Corporation law - Canada," "Corporations - Canada," "Stockholders - Legal status, laws, etc. - Canada," "Directors of corporations - Legal status, laws, etc. - Canada."

Leading Canadian textbooks on corporate law are as follows:

  • Buckley, Francis H et al.. Corporations: Principles and Policies. 3rd ed. Toronto: E. Montgomery, 1995.
  • Carswell. Consolidated Canada Business Corporations Act and Regulations. Toronto: Carswell, 1979- [annual].
  • Carswell. Corporate Law Partner (Federal and Ontario) [CD-ROM]. Updated regularly. Contains relevant legislation, case law and Carswell-published textbooks on federal and Ontario corporate law.
  • CCH Canadian Limited. Canadian Corporations Law Reporter. North York, Ontario: CCH Canadian, 1995- [looseleaf]. Available in print, CD-ROM and by Internet subscription.
  • CCH Canadian Limited. Ontario Corporations Law Guide. North York, Ontario: CCH Canadian, 1995- [looseleaf]. Available in print, CD-ROM and by Internet subscription.
  • Fraser, William K. Fraser's Handbook on Company Law. 8th ed. Scarborough, Ont: Carswell, 1994.
  • Hansell, Carol. Directors and Officers in Canada: Law and Practice. Toronto: Carswell, 1999- [looseleaf].
  • Gray, Wayne D. The Annotated Canada Business Corporations Act. Scarborough, Ont: Carswell, 1994- [annual].
  • Gray, Wayne D. The Annotated Ontario Business Corporations Act. Scarborough, Ont: Carswell, 1993- [annual]
  • Martel, Paul. Business Corporationsi n Canada: Legal and Practical Aspects.. Toronto, ON: Thomson Carswell, 2004-[loose-leaf].
  • McCarthy Tetrault. Directors' and Officers' Duties and Liabilities in Canada. Toronto, Butterworths, 1997.
  • McGinness, Kevin. Canadian Business Corporations Law. 2nd ed. Markham, ON: LexisNexis, 2007.
  • Nathan, Hartley R. and Mihkel E. Voore. Corporate Meetings: Law and Practice. Scarborough, Ont: Carswell, 1995- [looseleaf].
  • Peterson, Dennis H. Shareholder Remedies in Canada. Toronto, Ont: Butterworths, 1989- [looseleaf].
  • Phillips, Gordon. Personal Remedies for Corporate Injuries. Scarborough, Ont: Carswell, 1992.
  • Sutherland, Harry and David B. Horsley. Company Law of Canada. 6th ed. Scarborough, Ont: Carswell, 1993.
  • VanDuzer, J. Anthony. The Law of Partnerships and Corporations. 2nd ed. Toronto, Ont: Irwin Law, 2003. Available on QUICKLAW (subscription required).
  • Welling, Bruce L. et al. Canadian Corporate Law: Cases, Notes & Materials. 3rd ed. Toronto: Butterworths, 2006.
  • Welling, Bruce L. Corporate Law in Canada: The Governing Principles. 3rd ed. London, ON: Scribblers Pub., 2006.

10. Criminal Law- Canada

Criminal law in Canada is governed by federal law, most often the Criminal Code, R.S.C. 1985, c. C-46 (unlike the situation in the United States where criminal law is often a matter of state - not federal - law).

Library of Congress subject headings for this topic include "Criminal law - Canada" and "Criminal procedure - Canada."

Leading Canadian textbooks on criminal law are as follows:

  • Delisle, Ron and Don Stuart. Learning Canadian Criminal Procedure. 7th ed. Toronto: Carswell, 2003.
  • Mewett, Alan and Morris Manning. Criminal Law. 3d ed. Toronto: Butterworths, 1994.
  • Roach, Kent. Criminal Law. 3rd ed. Toronto, ON: Irwin Law, 2004. Available on QUICKLAW (subscription required).
  • Roach, Kent et al. Criminal Law: Cases and Materials. 9th ed. Toronto, ON: E. Montgomery, 2004.
  • Stuart, Don. Canadian Criminal Law: A Treatise. 5th ed. Toronto: Carswell, 2007.
  • Stuart, Don and Ron Delisle. Learning Canadian Criminal Law. 10th ed. Toronto: Carswell, 2006.

11. Crown Law - Canada

Crown law in Canada is still influenced by British law, although the law has developed on its own in Canada, partly as a result of federal legislation, such as the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, and various provincial legislation, such as Ontario's Public Authorities Protection Act, R.S.O. 1990, c. P.38.

Library of Congress subject headings for this topic include "Government liability - Canada" and "Privileges and immunities - Canada."

Leading Canadian textbooks on crown law are as follows:

  • Cooper, Terrance G. Crown Privilege. Aurora, Ont: Canada Law Book, 1990.
  • Hogg, Peter W. Liability of the Crown. 3rd ed. Toronto: Carswell, 2000.
  • Horseman, Karen and Gareth Morely. Government Liability: Law and Practice. Aurora, ON: Canada Law Book, 2007-[loose-leaf]
  • Lordon, Paul. Crown Law. Toronto, Butterworths, 1991.
  • Noonan, Peter W. The Crown and Constitutional Law in Canada. Calgary: Sripnoon Publications, 1998.
  • Sgayias, David et al. The Annotated Crown Liability and Proceedings Act. Scarborough, Ont: Carswell, [annual].

12. Damages Law - Canada

Damages law and the law of remedies are affected by both case law and provincial (and federal) legislation too numerous to list here.

Library of Congress subject headings for this topic include "Damages - Canada" and "Remedies (law) - Canada."

Leading Canadian textbooks on damages are as follows:

  • Bruce, C.J. Assessment of Personal Injury Damages. 4th ed. Toronto: Butterworths, 2004.
  • Cassels, Jamie and Elizabeth Adjin-Tettey. Remedies: The Law of Damages. 2nd ed. Toronto: Irwin Law, 2006. Available on QUICKLAW (subscription required).
  • Feldthusen, Bruce P. Economic Negligence: The Recovery of Pure Economic Loss. 4th ed. Toronto, ON: Carswell, 2000
  • Fitzgerald, Oonagh E. Understanding Charter Remedies: A Practitioner's Guide. Scarborough, Ont: Carswell, 1994- [looseleaf].
  • Goldsmith, Immanuel. Damages for Personal Injury and Death in Canada. Toronto: Carswell, 1959 [annual supplements].
  • Klar, Lewis N. Remedies in Tort. Toronto: Carswell, 1987- [looseleaf]
  • Law Society of Upper Canada. Special Lectures: Law of Remedies: Principles and Proofs. Scarborough, Ont: Carswell, 1995.
  • Roach, Kent. Constitutional Remedies in Canada. Aurora, Ont: Canada Law Book, 1994- [looseleaf].
  • Sharpe. Robert J. Injunctions and Specific Performance. 2nd ed. Aurora, Ont: Canada Law Book, 1992- [looseleaf].
  • Waddams, S.M. The Law of Damages. 4th ed. Aurora, Ont: Canada Law Book, 2004.

13. Debtor/creditor law - Canada

Debtor/creditor law is affected by both case law and provincial (and federal) legislation too numerous to list here. In addition, in enforcing or defending a debt, it is often useful to have a good understanding of civil procedure of credit or debt consolidation issues, discussed above.

Library of Congress subject headings for this topic include "Debtor and creditor - Canada" and "Fraudulent conveyances - Canada."

Leading Canadian textbooks on debtor/creditor law are as follows:

  • Bennett, Frank. Bennett on Creditors' and Debtors' Rights and Remedies. 5th ed. Scarborough, Ont: Carswell, 2005.
  • Doyle, Kelly R. Asset Protection. Markham, ON: LexisNexis Butterworths, 2005.
  • Dunlop, Charles R.B. Creditor-Debtor Law in Canada. 2nd ed. Scarborough, Ont: Carswell, 1995.
  • Fraser, Marcia J. Debt Collection: A Step-by-Step Guide. Aurora, Ont: Canada Law Book, 1989- [looseleaf].
  • Meehan, Eugene et al. Creditors' Remedies in Ontario. Toronto: Butterworths, 1994.
  • Springman, Melvin A. Fraudulent Conveyances and Preferences. Scarborough, Ont: Carswell, 1994.

14. Employment Law - Canada

Employment law in Canada is governed by both common law principles (what constitutes just cause for dismissal of a senior employee?) and legislation (both provincial and federal, depending on whether the employment is governed by federal or provincial laws). Typical of a provincial statute is the Ontario Employment Standards Act, 2000, S.O. 2000, c. 41. The Ontario Ministry of Labour has a good online information about Ontario employment standards. Employment law tends to cover only non-unionized employees, whereas labour law (discussed below) covers unionized employees.

Library of Congress subject headings for this topic include "Employees - Dismissal of - Law and legislation - Canada," "Labor laws and legislation - Canada"

Leading Canadian textbooks on employment law are as follows:

  • Carswell. Canadian Cases on Employment Law [case law reporter]. Toronto: Carswell, 1983 - .
  • Carswell. Employment Law Partner [CD-ROM]. Updated regularly. Contains relevant legislation, case law and Carswell-published textbooks on employment law.
  • Corry, David J. and James M. Petrie. Conducting a Wrongful Dismissal Action. Calgary, Alta: Carswell, 1997- .
  • England, Geoff et al.. Employment Law in Canada. 4th ed. Markham, Ont: Butterworths, 2005 [looseleaf].
  • Grosman, Brian A. Employment Bulletin: Legal Issues in the Workplace. Toronto: Canada Law Book, 1991-.
  • Grosman, Norman M. Federal Employment Law in Canada. Toronto: Carswell, 1990.
  • Harris, David. Wrongful Dismissal. 3rd ed. Don Mills, Ont: R. DeBoo, 1984- [looseleaf].
  • Levitt, Howard A. The Law of Dismissal in Canada. 3rd ed. Aurora, Ont: Canada Law Book, 2003.
  • Parry, Robert M. A Practical Guide to Employment Standards in Ontario. 3rd ed. Aurora, Ont: Aurora Professional Press, 2002.
  • Sproat, John R. Employment Law Manual: Wrongful Dismissal, Human Rights and Employment Standards. Scarborough, Ont: Carswell, 1995.
  • Sproat, John R. Wrongful Dismissal Handbook. 4th ed. Scarborough, Ont: Carswell, 2006.

15. Environmental Law - Canada

Environmental law is governed by federal and provincial legislation. Examples include the federal Canadian Environmental Assessment Act, S.C. 1992, c. 37 and the Canadian Environmental Protection Act, 1999, S.C. 1999, c. 33 and the Alberta Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12. Environmental law is heavily regulated in Canada and first-time researchers should ensure they have not overlooked any applicable statute or regulation.

Library of Congress subject headings for this topic include "Environmental law - Canada" and "Environmental policy - Canada."

Leading Canadian textbooks on environmental law are as follows:

  • Benidickson, Jamie. Environmental Law. 3rd ed. Concord, Ont: Irwin Law, 2008. Available on QUICKLAW (subscription required).
  • Canada Law Book. Canadian Environmental Legislation. Aurora, Ont: Canada Law Book, [annual].
  • Carswell. Canadian Environmental Law Reports [case law reporter]. Toronto: Carswell, 1986-.
  • Carswell. Treaties with Canada/Environmental [CD-ROM]. Toronto: Carswell, [updated regularly].
  • ECO/LOG Canadian Environmental Legislation [CD-ROM]. Don Mills, Ont: Southam Information Products, 1997-. Also available in print.
  • Faieta, Mario D. Environmental Harm: Civil Actions and Compensation. Toronto: Butterworths, 1996.
  • Hughes, Elaine L., ed. et al. Environmental Law and Policy. 3rd ed. Toronto: E. Montgomery, 2003.
  • Northey, Rod. The Annotated Canadian Environmental Assessment Act and EARP Guidelines Order. Scarborough, Ont: Carswell, 1994.
  • Pardy, Bruce. Environmental Law: A Guide to Concepts. Toronto, Butterworths, 1996.
  • Russell & DuMoulin. Canadian Environmental Law Guide. Vancouver, STP Speciality Publishers, Inc., 1996- [looseleaf].
  • Saxe, Dianne. Environmental Offences: Corporate Responsibility and Executive Liability. Aurora, Ont: Canada Law Book, 1990.
  • Saxe, Dianne. Ontario Environmental Protection Act Annotated. Aurora, Ont: Canada Law Book, 1990- [looseleaf].
  • Swaigen, John. Regulatory Offences in Canada: Liability & Defences. Scarborough, Ont: Carswell, 1992.

16. Family Law - Canada

Family law is split between federal jurisdiction over divorce law under the Divorce Act, R.S.C. 1985, c. 3 (4th Supp.) and various provincial laws governing marriage, separation, and custody that are too numerous to list here.

Library of Congress subject headings for this topic include "Divorce - Law and legislation - Canada" and "Domestic relations - [jurisdiction]."

Leading Canadian textbooks on family law are as follows:

  • Carswell. Reports of Family Law (case law reporter). Toronto: Carswell, 1971-. also available on CD-ROM (Family Law Partner CD-ROM) and by Internet subscription.
  • CCH Canadian Limited. Canadian Family Law Guide. Toronto: CCH Canadian, 1976- [looseleaf]. Available in print, CD-ROM and by Internet subscription.
  • Cochrane, Michael G. and Daniel J. Dochylo. Family Law in Ontario: A Practical Guide for Lawyers and Law Clerks. Aurora, Ont: Canada Law Book, 2990-[looseleaf].
  • Fodden, Simon. Family Law. Toronto: Irwin Law, 1999. Available on QUICKLAW (subscription required).
  • Hainsworth, Terry W. Divorce Act Manual. Aurora, Ont: Canada Law Book, 1994- [looseleaf].
  • Landau, Barbara et al. Family Mediation Handbook. 3rd ed. Toronto: Butterworths, 2000.
  • MacDonald, James C. and Ann C. Wilton. The Annotated Divorce Act. Scarborough, Ont: Carswell, 1991-.
  • Payne, Julien D. and Marylin A. Payne. Introduction to Canadian Family Law. Scarborough, Ont: Carswell, 1994.
  • Payne, Julien D. Payne on Divorce. 4th ed. Scarborough, Ont: Carswell, 1996.
  • Stewart, Douglas and Mary Lou Benotto. Preparation of Domestic Contracts. Aurora, Ont: Canada Law Book, 1995.
  • Wilson, Jeffrey. Wilson on Children and the Law. 3rd ed. Toronto: Butterworths, 1994- [looseleaf].

17. Immigration Law - Canada

Immigration law is governed by federal law, including the Immigration and Refugee Protection Act, S.C. 2001, c. 27 and the Citizenship Act, R.S.C. 1985, c. C-29. These Acts are administered by Citizenship and Immigration Canada, whose website has extensive information on citizenship and immigration law. The website of the Immigration and Refugee Board of Canada also provides additional information.

Library of Congress subject headings for this topic include "Citizenship - Canada," "Refugees - Legal status, laws, etc. - Canada" and "Emigration and immigration law - Canada."

Leading Canadian textbooks on immigration law are as follows:

  • Bagambiire, Davies B.N. Canadian Immigration and Refugee Law. Aurora, Ont: Canada Law Book, 1996.
  • Berezowski, Nan M. and Benjamin J. Trister. Citizenship. Toronto: Carswell, 1996.
  • Carswell. Immigration Law Reporter [case law reporter]. Toronto: Carswell, 1987-.
  • Galloway, Donald. Immigration Law. Concord, Ont: Irwin Law, 1997. Available on QUICKLAW (subscription required).
  • Hathaway, James C. The Law of Refugee Status. Toronto: Butterworths, 1991.
  • Jones, Martin and Sasha Baglay. Refugee Law. Toronto, ON : Irwin Law, 2007.
  • Marrocco, Frank N.The Annotated Citizenship Act. Toronto: Carswell, [annual].
  • Marrocco, Frank N. and Henry M. Goslett. Canada's Immigration and Citizenship Bulletin. Aurora, Ont: Canada Law Book, 2000-.
  • Marrocco, Frank N. and Henry M. Goslett. The 2000 Annotated Immigration Act. Toronto: Carswell, 1999.
  • Waldman, Lorne. Immigration Law and Practice. Toronto, Butterworths, 1992- [looseleaf].

18. Insurance Law - Canada

Insurance law in Canada is governed largely by provincial legislation (such as British Columbia's Insurance Act, R.S.B.C. 1996, c. 226), while insurance companies are governed by federal legislation (such as the Insurance Companies Act, S.C. 1991, c. 47). In Ontario, information on insurance law is provided by the Financial Services Commission of Ontario.

Library of Congress subject headings for this topic include "Insurance law - Canada" and "Insurance, liability - Canada."

Leading Canadian textbooks on insurance law are as follows:

  • Baer, Marvin G. and James A. Rendall. Canadian Cases on the Law of Insurance. 5th ed. Scarborough, Ont: Carswell, 1995.
  • Billingsley, Barbara. General Principles of Canadian Insurance Law. Toronto, ON: LexisNexis Canada, 2008.
  • Bolvin, Denis. Insurance Law. Toronto, ON: Irwin Law, 2004.
  • Brown, Craig. Insurance Law in Canada. 2nd ed. Scarborough, Ont: Carswell, 1999.
  • Brown, Craig. Introduction to Insurance Law. 2nd ed. Toronto: Butterworths, 2006.
  • Carswell. Canadian Cases on the Law of Insurance [case law reporter]. Toronto, Ont: 1983-.
  • CCH Canadian Limited. Insurance Law Reporter. Toronto: CCH Canadian, 1934-.
  • Hilliker, Gordon G. Liability Insurance Law in Canada. 4th ed. Toronto: Butterworths, 2006.
  • McNairn, Colin H.H. Consolidated Insurance Companies Act of Canada Regulations and Guidelines. Scarborough, Ont: Carswell, 1993-.
  • Norwood, David and John P. Weir. Norwood on Life Insurance Law in Canada. 3rd ed. Scarborough, Ont: 2002.

19. Intellectual Property Law - Canada

Intellectual property laws in Canada generally fall under federal jurisdiction and are regulated by such Acts as the Copyright Act, R.S.C. 1985, c. C-42, the Trade-Marks Act, R.S.C. 1985, c. T-13 and the Patent Act, R.S.C. 1985, c. P-4. There are a number of online sites useful for researching Canadian intellectual property law, including the Canadian Intellectual Property Office (CIPO), and their Trade-Marks Database and Patents Database; and AccessCopyright (a collective licensing agency under the Copyright Act).

Library of Congress subject headings for this topic include "Copyright - Canada," "Trademarks - Canada," "Patent laws and legislation - Canada" and "Intellectual property - Canada."

Leading Canadian textbooks on intellectual property law are as follows:

  • Canada Law Book. Canadian Patent Reporter [case law reporter]. Aurora, Ont: Canada Law Book, 1971-. Also available on CD-ROM.
  • Gahtan, Alan M. Internet Law: A Practical Guide for Legal and Business Professionals. Scarborough, Ont: Carswell, 1998.
  • Harris, Lesley-Ellen. Canadian Copyright Law. 3rd ed. Toronto: McGraw-Hill Ryerson, 2001.
  • Henderson, Gordon F. ed. et al. Copyright and Confidential Information Law of Canada. Scarborough, Ont: Carswell, 1994.
  • Henderson, Gordon F. ed. et al. Patent Law of Canada. Scarborough, Ont: Carswell, 1994.
  • Henderson, Gordon F. ed. et al. Trade-marks Law of Canada. Scarborough, Ont: Carswell, 1993.
  • Hughes, Roger T. and John H. Woodley. Hughes and Woodley on Patents. 2nd ed. Toronto: Butterworths, 2005- [looseleaf].
  • Hughes, Roger T. Hughes on Copyright. 2nd ed. Toronto: Butterworths, 2005- [looseleaf].
  • Hughes, Roger T. Hughes on Trade Marks. 2nd ed. Toronto: Butterworths, 2005- [looseleaf].
  • Kratz, Martin P.J. Canada's Intellectual Property Law in a Nutshell. Toronto: Carswell, 1998.
  • Kratz, Martin P.J. Protecting Copyright and Industrial Design. Scarborough, Ont: Carswell, 1994-.
  • Mann, Fraser J. Information and Technology Law: Recent Developments for Professionals. Scarborough, Ont: Carswell, 1996- [5 times per year].
  • Sookman, Barry B. Sookman Computer Law: Acquiring and Protecting Information Technology. Toronto, Carswell, 1989- [looseleaf].
  • Takach, George S. Computer Law. 2nd ed. Toronto, Ont: Irwin Law, 2003. Available on QUICKLAW (subscription required).
  • Tamaro, Normand. Annotated Copyright Act. Toronto: Carswell, [annual].
  • Thorburn, Julie A. and Keith G. Fairburn. Law of Confidential Business Information. Aurora, Ont: Canada Law Book, 1998-.
  • Vaver, David. Copyright Law. Concord, Ont: Irwin Law, 1999. Available on QUICKLAW (subscription required).
  • Vaver, David. Intellectual Property Law: Copyright, Patents, Trademarks. Concord, Ont: Irwin Law, 1997. Available on QUICKLAW (subscription required).

20. Labour Law - Canada

Labour law in Canada can fall under federal jurisdiction for employees working for the federal government or in the federal sector and under provincial jurisdiction for all other unionized employees. Labour law tends to cover unionized employees, whereas employment law (discussed above) tends to cover non-unionized employees. An example of typical provincial legislation would be Ontario's Labour Relations Act, S.O. 1995, c. 1.

Library of Congress subject headings for this topic include "Grievance arbitration - Canada," "Collective labor agreements - Canada" and "Arbitration, industrial - Canada."

Leading Canadian textbooks on labour law are as follows:

  • Adams, George W. Canadian Labour Law. 2nd ed. Aurora, Ont: Canada Law Book, 1993- [looseleaf]
  • Brown, Donald J.M. and David M. Beatty. Canadian Labour Arbitration. 4th ed. Aurora, Ont: Canada Law Book, 2006- [looseleaf]. Also available on CD-ROM and through an internet subscription.
  • Carter, Donald D. Labour Law in Canada. 5th ed. Toronto, ON: Butterworths, 2002.
  • CCH Canadian Limited. Canadian Labour Law Reporter. Toronto: CCH Canadian, [ongoing].
  • CCH Canadian Limited. Canadian Master Labour Guide. Toronto: CCH Canadian, [ongoing].
  • Gorsky, M.R. et al. Evidence and Procedure in Canadian Labour Arbitration. Rev. ed. Scarborough, Ont: Carswell, 1991- [looseleaf].
  • Mac Neil, Michael et al. Trade Union Law in Canada. Aurora, Ont: Canada Law Book, 1994- [looseleaf].
  • Sanderson, John P. The Art of Collective Bargaining. 2nd ed. Aurora, Ont: Canada Law Book, 1989.
  • Weatherill, John F.W. A Practical Guide to Labour Arbitration Procedure. 2nd ed. Aurora, Ont: Canada Law Book, 1998.

21. Real Property Law - Canada

Real property law is governed largely by provincial legislation too numerous to list here, although judicial interpretations of this legislation also impacts real estate practice.

Library of Congress subject headings for this topic include "Vendors and purchasers - Canada." "Mortgages - Canada," "Real estate business - Law and legislation - Canada," and "Condominiums - Law and legislation - [jurisdiction].

Leading Canadian textbooks on real property law are as follows:

  • Carswell. Real Property Reports [case law reporter]. Toronto: Carswell, [ongoing].
  • DiCastri, Victor. The Law of Vendor and Purchaser. 3rd ed. Toronto: Carswell, 1988- [looseleaf].
  • Donahue, D.J. and P.D. Quinn. Real Estate Practice in Ontario. 6th ed. Toronto: Butterworths, 2003.
  • Gray, Wayne S. Marriott and Dunn: Mortgage Remedies in Ontario. 5th ed. Toronto: Carswell, 1991- [looseleaf].
  • Lamont, Donald H.L. Lamont on Real Estate Conveyancing. 2nd ed. Toronto: Carswell, 1991- [looseleaf].
  • Lipson, Barry. The Art of the Real Estate Deal. 2nd ed. Scarborough, Ont: Carswell, 2006.
  • Loeb, Audrey M. Condominium Law and Administration. 2nd ed. Toronto: Carswell, 1989- [looseleaf].
  • McDermott, Jim et al. Canadian Commercial Real Estate Manual. Toronto: Carswell, 1986- [looseleaf].
  • Perell, Paul M. Remedies and the Sale of Land. Toronto, Butterworths, 1988.
  • Traub, Walter M. Falconbridge on Mortgages. 5th ed. Aurora, Ont: Canada Law Book, 2002 [loosleaf].
  • Roach, Joseph E. The Canadian Law of Mortgages of Land. Toronto, Butterworths, 1993.
  • Salvatore, Bruce et al. Agreements of Purchase and Sale. Toronto: Butterworths, 1996.
  • Warner La Forest, Anne. Law of Real Property. 3rd ed. Aurora, ON: Canada Law Book, 2006- [loose-leaf].

22. Securities Law - Canada

Securities law in Canada is highly regulated by provincial and federal securities and corporate legislation too numerous to list here. SEDAR (the System for Electronic Document Analysis and Retrieval) is an electronic filing system started January 1, 1997 through the Canadian Securities Administrators where it is possible to access securities-related information on Canadian companies (the Canadian equivalent of EDGAR).

Library of Congress subject headings for this topic include "Securities - Canada," "Stock exchanges - Law and legislation - Canada," "Investments - Law and legislation - Canada," and "Mutual funds - Law and legislation - Canada."

Leading Canadian textbooks on securities law are as follows:

  • Borden Ladner Gervais. Securities Law & Practice. 3rd ed. Toronto, ON: Carswell, 2003- [loose-leaf]. Also available on WestlaweCARSWELL.
  • Canadian Securities Institute. The Canadian Securities Course. Toronto: Canadian Securities Institute, [1996].
  • Canadian Stock Exchanges Manual. North York, Ont.: CCH Canadian, 1994-
  • Gillen, Mark R. Securities Regulation in Canada. 3rd ed. Scarborough, Ont.: Carswell, 2007.
  • Grottenthaler, Margaret E. and Philip J. Henderson. The Law of Financial Derivatives in Canada. Toronto: Carswell, 1998-
  • Hunter, W. T. Canadian Financial Markets. 3rd ed. Peterborough, Ont.: Broadview Press, c1991.
  • Johnston, David L. Canadian Securities Regulation. 4th ed. Markham, Ont.: Butterworths, 2006.
  • Macintosh, Jeffrey G. and Christopher C. Nicholls. Securities Law. Toronto: Irwin Law, 2002. Available on QUICKLAW (subscription required).

23. Taxation Law - Canada

Taxation law in Canada is governed primarily by the federal Income Tax Act, R.S.C. 1985, c. 1 (5th Supp.), which is administered by Canada Revenue Agency (CRA), whose website has a lot of information on Canadian income tax matters (the CRA is the Canadian equivalent of the American IRS).

Library of Congress subject headings for this topic include "Income tax - Law and Legislation - Canada"

Leading Canadian textbooks on taxation law are as follows:

24. Tort Law - Canada

Tort law is traditionally governed by case law, although provinces in Canada are increasingly introducing "no fault" insurance schemes governing injuries arising from motor vehicle accidents. Tort law can also be affected by provincial negligence legislation, such as British Columbia's Negligence Act, R.S.B.C. 1996, c. 333.

The Library of Congress subject heading for this topic is "Torts - Canada"

Leading Canadian textbooks on tort law are as follows:

  • Fridman, G.H.L. The Law of Torts in Canada. 2nd ed. Toronto: Carswell, 2002.
  • Kerr, Margaret H. Canadian Tort Law in a Nutshell. Toronto: Carswell, 1997.
  • Klar, Lewis et al., Ed. N. Remedies in Tort. Toronto: Carswell, 1987- [looseleaf]
  • Klar, Lewis. Tort Law. 3rd ed. Toronto: Carswell, 2003.
  • Linden, Allen M. Canadian Tort Law. 8th ed. Toronto: Butterworths, 2006.
  • Osborne, Philip H. The Law of Torts. 3rd ed. Toronto: Irwin Law, 2007. Available on QUICKLAW (subscription required).
  • Weinrib, Ernest J. Tort Law: Cases and Materials. 2nd Toronto: E. Montgomery, 2003.

25. Trusts and Estates Law - Canada

Trusts and estates law are generally a combination of case law and (largely provincial) legislation, originally strongly influenced by English law.

Library of Congress subject headings for this topic include "Trusts and trustees - Canada" and "Estate planning - Canada."

Leading Canadian textbooks on trusts and estates law are as follows:

  • Allen, William P.G. and John P. Allen. Estate Planning Handbook. 3rd ed. Scarborough, Ont: Carswell, 1999.
  • CCH Canadian Limited. Canadian Estate Administration Guide. North York, Ontario: CCH Canadian, 1995- [looseleaf]. Available in print, CD-ROM and by Internet subscription.
  • Gillese, Eileen E. and Martha Milczynski The Law of Trusts. 2nd ed. Toronto, ON: Irwin Law, 2005. Available on QUICKLAW (subscription required).
  • Law Society of Upper Canada. Special Lectures: Estates: Planning, Administration and Litigation. Scarborough, Ont: Carswell, 1996.
  • Waters, Donovan W.M. Waters' Law of Trusts in Canada. erd ed. Toronto, Carswell, 2005.

© 2000-2008 Ted Tjaden. Users may browse, download, print and link to this "Doing Legal Research in Canada Guide" for any non-commercial use or for educational use.