Common and Civil Law: Different Paths or Convergence? + E-Book

This book is fourth in The Canadian Law of Obligations series:
Common and Civil Law: Different Paths or Convergence? (2025)
The Power & Limits of Private Law (2024)
The Canadian Law of Obligations: Access to Justice (2020)
The Canadian Law of Obligations: Private Law for the 21st Century and Beyond (2018)

Edited by Matthew P. Harrington, Common and Civil Law: Different Paths or Convergence? is collection of papers is based on the fourth Canadian Law of Obligations Conference (“CLO IV”) and is a useful reference for lawyers, judges, academics and students who deal with private law issues on a day-to-day basis.

The Collection of Papers

1. Professor Rosalie Jukier – Civil and Common Law in Canada: Two Solitudes or Two Solicitudes?
2. Jane Thomson – Public Order and Capricious Wills in Quebec: Some Important Lessons for the Rest of Canada
3. Lucas Clover Alcolea – “Trusts Without Equity”: A Reappraisal
4. Catherine Valcke – Is Ron Engineering Good Law in Quebec?
5. Erik S. Knutsen – The Insurance Policy: Contract or Not? (And Why That Matters for Insurance Coverage Cases)
6. Matthew P. Harrington – The Collateral Source Rule in Canada
7. Margaret Isabel Hall – Reframing the Nuisance Inquiry: Two Case Studies (Fearn v. Tate Gallery and Thomas and Saik’uz v. Rio Tinto Alcan)

Who Should Read This Book

• Civil Litigators – assists in developing new perspectives on private law issues, developing innovative civil litigation strategies and formulating corresponding arguments
• Corporate/Commercial Lawyers – provides new perspectives on contract law issues
• Judges – provides new perspectives on the application of private law to modern legal issues, which judges are front and center in endorsing
• Academia – assists research in the areas discussed, provides a source of course readings and basis for class discussion
• Law Libraries – a useful reference for anyone researching in the area of torts and contracts

Common and Civil Law: Different Paths or Convergence? is a collection of papers developed out of the Supreme Court Law Review, Third Series.