Halsbury's Laws of Canada – Inquests, Coroners and Medical Examiners (2021 Reissue) / Interim Preservation of Property Rights (2021 Reissue)

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INQUESTS, CORONERS AND MEDICAL EXAMINERS
Sheila Nemet-Brown, B.A. (Hons.), LL.B.

Coroners and medical examiners investigate approximately 15 to 20 per cent of all deaths within a province or territory, and such inquiries or inquests can often be the subject of intense media scrutiny. Consequently, this is a topic of interest to a large segment of the legal profession in Canada.

Newly revised, the Halsbury's Inquests, Coroners and Medical Examiners (2021 Reissue) title provides a comprehensive overview of the civil law pertaining to the powers and duties of coroners and medical examiners, and the jurisdiction and procedure at inquiries and inquests. This title examines all of the pertinent legislation and case law regarding such matters as officials acting pursuant to legislation, notification of death, investigations, the determination of whether to proceed with an inquiry or inquest, conclusion of the inquiry or inquest, judicial review and offences and penalties. Topics covered in this essential reference include:

• Officials acting pursuant to legislation, including chief medical examiners, chief coroners, medical examiners, coroners, investigators, pathologists, medical practitioners and overseeing bodies
• Notification of death
  • Circumstances requiring notification to the medical examiner or coroner
  • Death of a minor
  • Notification of physician-assisted death
• Investigations
  • Decision to conduct an investigation
  • Prompt inquiry
  • Who may conduct or assist in an investigation
  • Powers during investigation
  • Post-mortem examination or autopsy and disinterment
  • Conclusion of the investigation
• Inquiries or inquests
  • Circumstances warranting holding
  • Exemptions
  • Scope
  • Procedural and evidentiary issues
• Inquiries
  • Judges and counsel
  • Medical or chief medical examiner
  • Interested persons and witnesses
• Inquests
  • Coroners, including conduct and control of proceedings and notice of inquest
  • Jury, including requirement to hold inquest with jury, eligibility to serve as a juror, summoning and composition, ineligibility or inability to serve, juror failing to appear at or complete inquest, duties and rights of jurors, final submissions and jury charge
  • Parties and persons with standing
  • Witnesses
  • Role, duties and removal of counsel and representation or advice by agents
• Conclusion of the inquiry or inquest
  • Verdicts by judge, jury and coroner alone
  • Findings and recommendations
  • Reporting to chief coroner or minister
  • Annual report
• Judicial review
• Offences and penalties

INTERIM PRESERVATION OF PROPERTY RIGHTS
Master Linda S. Abrams, B.A., J.D., LL.M., Kevin P. McGuinness, LL.B., LL.M., J.S.D., Heather MacIvor, B.A. (Hons.), M.A., M.Sc., Ph.D., J.D. & Jay Brecher, B.A., LL.B.

The delay inherent in any judicial proceeding makes it absolutely essential for the complainant to have some means of protecting those assets that are the subject of litigation, to ensure that the assets are not damaged, misappropriated or otherwise dissipated. Conversely, it's critical that defendants and respondents have some means of recouping their costs from the complainant if they are ultimately successful in defending such claims. Hence, every lawyer advising clients who are involved in civil litigation must have a firm understanding of the various interim rights and remedies available to them.

Newly updated, the Halsbury's Interim Preservation of Property Rights (2021 Reissue) title provides a concise summary of the interim rights possessed by both parties and non-parties to civil litigation. This title contains all of the pertinent legislation and case law regarding interlocutory injunctions, certificates of pending litigation, the appointment of interlocutory receivers, security for costs and interpleader procedures. Topics covered in this essential reference include:

• Categories of interlocutory injunctions
  • Prohibitive
  • Mandatory
• Specific types of injunctions
  • Mareva injunction, Anton Piller orders and Quia timet injunctions
  • Public interest injunctions
  • Charter injunctions
• Availability of injunctions
  • Standing
  • Discretion
  • Test in RJR-MacDonald
  • Exceptions
• Evidence and proof
• Ex parte proceedings
• Receiverships
• Certificates of pending litigation
  • Availability
  • Discharge
• Preservation of property
  • Personal property
  • Interim preservation order
  • Maritime property
• Interpleader
• Security for costs