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Borderlines in Private Law

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This book is now Out of Print.
A new edition was published, see:
Sullivan on The Construction of Statutes 5th ed isbn 9780433451839

Sullivan and Driedger on The Construction of Statutes 4th ed


ISBN13: 9780433430940
ISBN: 043343094X
New Edition ISBN: 9780433451839
Previous Edition ISBN: 040980536X
Published: December 2002
Publisher: LexisNexis Canada
Country of Publication: Canada
Format: Hardback
Price: Out of print



This completely revised and updated edition reviews the theories and principles of statutory interpretation from the current appellate courts’ point of view. It continues the last edition’s systematic account and illustration of the rules, presumptions and techniques of statutory interpretation currently relied on by Canadian courts.

Coverage includes:-

  • An analysis of the rules that address the meaning of legislative text (i.e. the ordinary meaning rule, the original meaning rule and the plausible meaning rule
  • The 3 major techniques used in statutory interpretation – i.e. textual analysis, purposive analysis and consequential analysis
  • The context within which legislation must be read is established and used in interpretation
New in this edition:-
  • The evolution of interpretation rules relating to Aboriginal peoples, international law and fiscal legislation
  • The increasing willingness of courts to rely on legislative history and administrative interpretation
  • Revised analysis of the retroactive and retrospective application of legislation.

Subjects:
Other Jurisdictions , Canada
Contents:
Foreword to the Fourth Edition
Foreword to the Third Edition
Foreword to the Second Edition
Foreword to the First Edition
Table of Cases
Chapter 1: Driedger's Modern Principle
Chapter 2: Ordinary Meaning
Chapter 3: Technical and Legal Meaning
Chapter 4: Bilingual and Bijural Meaning
Chapter 5: Original Meaning
Chapter 6: Plausible Meaning, Mistake and Gaps
Chapter 7: Textual Analysis
Chapter 8: Purposive Analysis
Chapter 9: Consequential Analysis
Chapter 10: Words in Total Context and the Principle of Coherence
Chapter 11: The Act as a Whole
Chapter 12: The Statute Book and Related Legislation
Chapter 13: Relation to Common Law
Chapter 14: Presumed Legislative Intent
Chapter 15: Aboriginal Law
Chapter 16: International Law
Chapter 17: Fiscal Law
Chapter 18: The External Context
Chapter 19: Extrinsic Aids
Chapter 20:Application Rules
Appendix 1: Drafting Conventions of the Uniform Law Conference of Canada
Index