Publication Year


ISBN: 9781552212967-10

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Manitoba Fisheries v The Queen

The Origins of Canada's De Facto Expropriation Doctrine

From: Property on Trial


Examination of a 1978 Supreme Court of Canada case regarding a federal statute involving expropriation by regulation of property rather than by taking title.



Jim Phillips

Jim Phillips is Professor of Law, History and Criminology at the University of Toronto, and editor-in-chief of the Osgoode Society for Canadian Legal History. He has co-edited four volumes of the Osgoode Society for Canadian Legal History’s Essays in the History of Canadian Law and, with Philip Girard, a volume on the history of Canada’s oldest surviving superior common law court, The Supreme Court of Nova Scotia 1754-2004: From Imperial Bastion to Provincial Oracle (Osgoode Society, 2004). He has published over fifty articles and book chapters on British imperial history and 18th-century India, on property and charities law, US legal history, and, principally, Canadian legal history. He is also the author, with Rosemary Gartner, of Murdering Holiness: The Trials of Franz Creffield and George Mitchell (University of British Columbia Press, 2003).

Jeremy Martin

Jeremy Martin studied English literature and history prior to entering law, receiving both his MA (English) and JD from the University of Toronto. He currently carries on a litigation practice at Cassels Brock & Blackwell, LLP in Toronto. In 2011 he was awarded the Osgoode Society Book Prize for his work in Anglo-Canadian legal history. He is a co-author of the Ontario Annual Review of Civil Practice (Carswell) and publishes primarily in the areas of legal history and civil procedure.