Richard A. Yates - Business Law in Canada

Pearson Education

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In order to ensure that Business Law in Canada continues to be a valuable resource to post-secondary instructors and students, the 12th edition has undergone a thoughtful revision, incorporating changes based on the increased importance of the internet, information technology, and intellectual property. It also incorporates the large amount of feedback and many thoughtful suggestions provided by users of the 11th edition.

The Truth and Reconciliation Commission of Canada made 94 calls to action in order to redress the legacy of residential schools and advance the process of Canadian reconciliation. Prime Minister Justin Trudeau has promised to implement all of the calls to action that relate to the federal government. Also, Colleges and Institutes Canada (CICan) has developed the Indigenous Education Protocol for Colleges and Institutes to support its members commitment to improving and better serving Indigenous education. The influence of Indigenous people in Canada is increasing through treaties, the Constitution, the Charter of Rights and Freedoms, the Indian Act, land claims, devolution agreements, and self-government. This growing influence is being felt in the business world. One example involves the impact of Indigenous groups on the approval and the building of pipelines.

In light of these developments, it appears appropriate to incorporate relevant Indigenous legal issues into Business Law in Canada. Doing so is consistent with the calls to action, the CICan Protocol, and the growing impact of Indigenous legal issues on business. Incorporating relevant Indigenous legal issues adds a new dimension to the textbook. It signals a moving away from the solely European or colonial view of Canadian law and the Canadian legal system. Some issues will be framed from an Indigenous perspective, reflecting many factors, including treaties, the Constitution, the Charter, legislation and case law. It is hoped that this change in approach has resulted in culturally sensitive content that will provide all business law students with insights and knowledge that will help them to understand the situation in Canada regarding its Indigenous people. Such insights and knowledge are integral to sophisticated clients making business decisions in Canada.

All of the legislative and judicial references have been updated throughout the book. Additional key changes for each chapter are listed here.

The list of examples of high-profile cases involving individuals entangled in questionable situations has been updated to include several new recent examples. A reference to some of the Legal Aid resources available to Indigenous persons has been added. A new Reducing Risk box has been added. One of the Case Summaries has been replaced. A new case has been added to the Cases and Discussion Questions.

The most significant change to this chapter is the addition of Indigenous content. An examination of Indigenous rights, self-government, and self-determination is undertaken. Case law has also been updated, with the addition of the following case summaries: Attorney General of Quebec v. Attorney General of Canada; R. v. Blackmore; Ruth Maria Adria v Attorney General of Alberta; Frank v. Canada (Attorney General); R. v. Jordan; R. v. Kapp; Alberta (Aboriginal Affairs and Northern Development) v. Cunningham; and Canada (Attorney General) v. Hicks.

Mention is made of R. v. Jordan in which the Supreme Court of Canada ruled that persons charged with a criminal offence have the right to be tried in a reasonable amount of time. The section entitled Jurisdiction has been significantly revised, in light of the Supreme Court of Canada decision in Club Resorts Ltd. v. Van Breda and subsequent decisions. The discussion on the establishment of Indigenous courts has been updated and enlarged. It now includes a reference to the Gladue factors and the approach that judges must follow in determining the sentence of an Indigenous offender (now before the Supreme Court). Two of the Case Summaries have been replaced and one new Case Summary has been added. Three of the cases in the Cases and Discussion Questions were deleted, while four new cases have been added.

Revisions to this chapter include a reduction in the number of Learning Objectives to nine. The new case summaries include an examination of Dr. X v. Everson regarding false imprisonment, Campbell v. Lauwers dealing with malicious prosecution, and Hardev Kumar v. Vinod Khurana, Funk v. Harder, and Olsen v. Facebook Inc. addressing defamation. An additional six case summaries are likewise new.

This chapter has also been shortenedits Learning Objectives are reduced by two. New case summaries track developments in negligence law and the law concerning insurance. They include summaries of the following cases: Passerin v Webb, Douglas v. Kinger, Young v. Bella, Clements v. Clements, Deloitte & Touche v. Livent Inc. (Receiver of), and Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.

Four of the Case Summaries have been replaced. One of the new Case Summaries is one of the first judicial interpretations of the need for good faith contractual performance and the common law duty to act honestly in the performance of contractual obligations recently created by the Supreme Court of Canada. Two new Case Summaries have been added, while six new cases have been added to the Cases and Discussion Questions.

The discussion on the effect of section 89 of the Indian Act (which prevents the use of property on a reserve as collateral for loans) has been enlarged. Five of the Case Summaries have been replaced and one new Case Summary has been added. Four of the cases in the Cases and Discussion Questions were deleted, while four new cases have been added.

Two new tables have been added to this chapter. In the new case summaries, examines undue influence and finds that where undue influence is presumed, the onus of rebutting that presumption falls on the party seeking to enforce the contract.

Five new case summaries review the decisions in Blundon v Ashton Pools, Nicolaou v. Sobhani, Ali v. O-Two Medical Technologies Inc., Kreway v Kreway, and Summers Transport Ltd. v. Smith (G.M.) Ltd.

The material for the topic of agency and for the topic of partnership has been extensively reorganized. The presentation of the content should make the chapter more understandable for students and more useful for instructors. A section (including a Case Summary) on the fiduciary duty owed to Indigenous peoples has been added. One Case Summary has been replaced. The Questions for Review, as well as the Cases and Discussion Questions have been significantly revised.