Where Are the Gaps in Canadian Legal Treatises?
In responding to a query the other day on recommending resources for someone researching guarantees, I immediately thought of Kevin McGuinness’s The Law of Guarantee, 2d ed. (Toronto: Carswell, 1996) but had to stop and think if there were any more recent treatises. Although there are a number of more recent banking law treatises, I could not think of anything more recent specific to the Canadian law of guarantees that would have helped on the particulars of the question being researched (the British Sweet & Maxwell title from 2007 may of course be relevant). And although one might argue that the law of guarantee has not changed that much, is there a need for a more recent Canadian treatise on this topic?
(In fairness to the already prolific Kevin McGuinness, there are many reasons why an author might not write a newer edition: lack of time, loss of interest, or low returns on investment in the time it takes to write a book. In addition, in some situations, the original author may have passed on [but this does not necessarily prevent newer editors/authors from doing a new edition]. By way of example, I hope to do a new edition of my Law of Independent Legal Advice (Carswell, 2000) to take into account some of the more recent law, including, for example, Miglin v. Miglin, 2003 SCC 24, but time is a huge factor).
What other topics need more recent treatment?
I could think of a couple of titles (please correct me if I am wrong):
– Mary Anne Waldron, The Law of Interest in Canada (Toronto: Carswell, 1992).
– John Barnes, Sports Law in Canada, 3d ed. (Toronto: LexisNexis Canada, 1996) (although I realize there is the more recent, broader Entertainment Law in Canada looseleaf edited by Jacqueline King.
– And although there are more recent books on creditor-debtor law, I always liked Charles Dunlop’s Creditor-Debtor Law in Canada, 2d ed. (Toronto: Carswell, 1995).
I know that most publishers welcome proposals for new law-related books or treatises.
What other titles can you think of? Alternatively, if there are few gaps, what narrow or specific topics might warrant monographic treatment?
“Sports Law in Canada” has (I understand) effectively been replaced by “The Law of Hockey” ((Toronto: LexisNexis Canada, 2010).
An up-to-date book on mining law is sorely needed. (Well, at least by me.)
Persons interested in Sports Law should note the new title in Halsburys Laws of Canada by Jay Brecher:
“Halsbury’s Laws of Canada – Athletics (Brecher) — This title sets out the legal framework that supports and regulates sports and athletic activity in Canada, both professional and amateur. Topics covered include activities involving animals; the relevant legislation; anti-doping rules; general rules governing amateur sports bodies; an overview of labour and employment contracts in professional sports; and criminal and civil liability.”
The new edition of Halsburys was developed under the direction of Editor-in-Chief David Keeshan with the express intention of filling the many gaps that exist in Canadian legal literature. In many libraries, Halsburys has become the first stop for legal researchers.
A similar project, the “Juris Classeur” was launched in Quebec under the direction of Mathieu Boutin for the same purpose.
Legal Opinions in Commercial Transactions, by Wilfred Estey, last published in 1997 by Butterworths (now LexisNexis Canada Ltd.).
Great suggestions everyone. Keep them coming.
I would love an Annotated D&O liability policy text. Anyone know of one? Maybe I’ll just write one myself…
I could mention one, but I won’t.
The one and only.
I would love to see a new version of Behind and Beyond Boilerplate.
Also, it seems Canada could use a monograph on judicial recusal, or perhaps recusal law in both the courts and administrative tribunals. I just finished reading Grant Hammond’s excellent text on the subject, but found that it could certainly use more Canadian content. A Canadian equivalent would be nice, perhaps with a greater focus on the practical aspects of recusal (such as sample motions, briefs, orders, etc.).
An update of Cromwell on Standing might also be nice.
What about a new edition of Cooper-Stephenson on Personal Injury Damages?