Posted: July 31, 2023 First Year Courses
2023 - 2024
CONSTITUTIONAL LAW (SECTIONS): CONSTITUTIONAL LAW (LAW106H1F) David Schneiderman
First term: 5 credits This course provides an introduction to the law of the Canadian constitution. The course examines the law of federalism, Aboriginal and treaty rights, and the Charter of Rights and Freedoms. We consider such things as the origins and structure of the Canadian constitution, the role of judicial review, general principles of interpretation with regard to the distribution of legislative authority, key principles arising under Aboriginal and treaty rights, and a selection of rights and freedoms under the Charter.. Evaluation: Will be an open book, final 3-hour examination during the scheduled examination period in December.
CONSTITUTIONAL LAW (SMALL GROUPS): CONSTITUTIONAL LAW A (LAW136Y1Y) Ian Lee Both Terms: 6 credits This small group seminar provides an introduction to the law of the Canadian Constitution. It examines the federal structure of government, the relationship between Indigenous peoples and the Canadian State, and the constitutional protection of individual rights and freedoms. Substantive content includes the Constitution’s history and text; methods of constitutional interpretation, analysis and argument; and an examination of selected federal and provincial powers, Aboriginal rights and rights guaranteed under the Canadian Charter of Rights and Freedoms. Evaluation: Written assignments (100%) CONSTITUTIONAL LAW B (LAW137Y1Y) Jean-Christophe Bédard-Rubin Both Terms: 6 credits This course provides an introduction to the law of the Canadian constitution. It examines the Charter of Rights and Freedoms, federalism, and Aboriginal rights. The course considers the structure of the Canadian constitution, the role of judicial review, and general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal rights. Selected federal and provincial powers, Aboriginal rights, and rights guaranteed by the Charter will be examined. Evaluation: It will be 90% for short essays (3 essays of 2000 words each) and 10% for participation. CONSTITUTIONAL LAW C (LAW138Y1Y) Ian Lee Both Terms: 6 credits This small group seminar provides an introduction to the law of the Canadian Constitution. It examines the federal structure of government, the relationship between Indigenous peoples and the Canadian State, and the constitutional protection of individual rights and freedoms. Substantive content includes the Constitution’s history and text; methods of constitutional interpretation, analysis and argument; and an examination of selected federal and provincial powers, Aboriginal rights and rights guaranteed under the Canadian Charter of Rights and Freedoms. Evaluation: Written assignments (100%) CONSTITUTIONAL LAW D (LAW139Y1Y) Jean-Christophe Bédard-Rubin Both Terms: 6 credits This course provides an introduction to the law of the Canadian constitution. It examines the Charter of Rights and Freedoms, federalism, and Aboriginal rights. The course considers the structure of the Canadian constitution, the role of judicial review, and general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal rights. Selected federal and provincial powers, Aboriginal rights, and rights guaranteed by the Charter will be examined. Evaluation: It will be 90% for short essays (3 essays of 2000 words each) and 10% for participation. CONSTITUTIONAL LAW E (LAW140Y1Y) Anna Su Both Terms: 6 credits This course provides an introduction to the law of the Canadian constitution. It examines the Charter of Rights and Freedoms, federalism, and Aboriginal rights. The course considers the structure of the Canadian constitution, the role of judicial review, and general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal rights. Selected federal and provincial powers, Aboriginal rights, and rights guaranteed by the Charter will be examined. Evaluation: Written assignments (85%) and class participation 15% (10% participation in class and electronic discussion board and 5% attendance). CONSTITUTIONAL LAW F (LAW141Y1Y) Nathalie Des Rosiers
Both Terms: 6 credits This course provides an introduction to the law of the Canadian constitution. It examines the Charter of Rights and Freedoms, federalism, and Aboriginal rights. The course considers the structure of the Canadian constitution, the role of judicial review, and general principles of interpretation with regard to the distribution of legislative authority, constitutional rights and freedoms, and Aboriginal rights. Selected federal and provincial powers, Aboriginal rights, and rights guaranteed by the Charter will be examined. Evaluation: Engaging in Class discussion (10%); a presentation on specific problem (15%); written assignments (75%) : three essays of 2000 words each). CONTRACT LAW (SECTIONS): CONTRACT LAW (LAW101H1F) (0101) Anthony Niblett First term: 5 credits This course examines the enforcement of promises and agreements. We will explore the requirements of enforceability, remedies for breach, the effect of contracts on third parties, the effect of writing, and excuses for non-performance. Evaluation: There are two modes of evaluation. (1) Open-book 3-hour final examination worth 70% of the grade; (2) Six short writing responses throughout the semester, each worth 5% (for a total of 30%). CONTRACT LAW (LAW101H1F) (0102) Catherine Valcke
First term: 5 credits This course examines the enforcement of promises and agreements. The matters considered include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, the effect of writing, and excuses for non-performance. These excuses include unfairness, unexpected circumstances, and public policy. Evaluation: Will be evaluated by a 3-hour closed book final examination in December worth 90% of your grade and 10% participation. CONTRACT LAW (LAW101H1S) Brian Langille
Second term: 5 credits This course examines a very basic and important component of, and issue for, our economy and society – the nature and role of contract. We will also confront some basic issues in legal theory. The matters considered include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, and excuses for non-performance. These excuses include unfairness, unexpected circumstances, and public policy. Throughout there is strong emphasis on how contracts are formed and interpreted. Note: Use of laptops is permitted in class if desired – but only for notetaking and accessing readings assigned. All other devices, including phones, are to be turned off during class. Evaluation: Final Examination (80%) and class participation 20% (attendance, preparation, active class engagement, pre-assigned in class oral presentations). Note: class attendance is mandatory and students are required to notify Professor Langille (in advance, by email) if unable, for a good reason, to attend class. CONTRACT LAW (SMALL GROUPS): CONTRACT LAW A (LAW120Y1Y) Peter Benson Both Terms: 6 credits This course examines the main principles and doctrines of basic contract law. These include remedies for breach of contract, the requirements of contract formation, the theory of interpretation, implied terms, conditions, and excusing doctrines, principles of contractual fairness and good faith, the relation between contract law and tort law, and more. Via a careful and unrushed study of the cases, we shall try to develop a solid understanding of these different doctrines, debate competing interpretations of them, consider how they might be interconnected, and explore different approaches to assessing their possible justifications and limitations. Evaluation: The evaluation process will consist of three written assignments, done at appropriate intervals during the year, that will count respectively 10%, 40%, and 50%. Th first assignment will be ungraded. The second and third assignments will be graded. I will announce and discuss well in advance the timing and nature of each assignment. The aim will be to help students learn to write on and research substantive legal topics and to go into more depth about interesting and fundamental issues in contract law. CONTRACT LAW B (LAW121Y1Y) Angela Fernandez
Both Terms: 6 credits This course examines the enforcement of promises and agreements. The matters considered include the requirements of enforceability, remedies for breach, the effect of contracts on third parties, the effect of writing, and excuses for non-performance. These excuses include unfairness, unexpected circumstances, and public policy. Evaluation: First Term assignment (20%); Second-Term assignment (30%); Third end-of-year assignment (30%) and Participation (20%, 10% each semester). CRIMINAL LAW (SECTIONS): CRIMINAL LAW (LAW102H1F) Malcolm Thorburn First term: 5 credits This course examines the basic concepts of criminal law with particular emphasis on the elements of culpability and the conditions of excuse and justification. It seeks to understand the general part of the criminal law from the point of view of various perspectives on the aims and justification of punishment. Right-based and utilitarian theories of punishment are discussed and their implications for doctrine examined. The intersection of criminal law and the Charter forms another central theme of the course as does the distinction between criminal and public welfare offences. The aim is to understand the penal law as an integrated whole composed of several diverse but interconnected parts. Evaluation: Students will be evaluated by a 3-hour closed-book final examination (100%). CRIMINAL LAW (LAW102H1S) Vincent Chiao
Second term: 5 credits This course examines some of the basic concepts of the criminal law through sustained attention to several common offenses. We will also consider inchoate and group crimes, as well as the impact of the Charter on substantive criminal law. Evaluation: Students will be evaluated by a 3-hour open-book final examination (90%) and class participation (10%). CRIMINAL LAW (SMALL GROUPS): CRIMINAL LAW A (LAW124Y1Y) Alan Brudner
Both Terms: 6 credits This course examines the central concepts of criminal law—the presumption of innocence, culpable act, culpable mind, outcome responsibility, justification, and excuse--as shaped by the interaction between statute, common law, and the Charter of Rights and Freedoms. Evaluation: Written assignments (90%). Participation (10%). INDIGENOUS PEOPLES AND THE CANADIAN LEGAL SYSTEM (SECTIONS): INTRODUCTION TO INDIGENOUS PEOPLES & THE LAW (LAW107H1F) TBD First Term: 1 credit This course aims to provide an introduction to basic competency on the history and present situation of Indigenous peoples in Canada. Evaluation: This class is evaluated on a credit/no credit basis. Written assignments. INDIGENOUS PEOPLES & THE LAW (LAW108H1S) (0101) (0102) (0103) John Borrows Second Term: 3 credits This course aims to address the range of considerations arising out of past and present interactions between Indigenous peoples and the Canadian legal system. Topics to be covered may include the following: the history of Crown-Indigenous relations, Indigenous legal orders, the nature of Indigenous sovereignty, Aboriginal Rights and law, Treaties, UNDRIP, the history and legacy of residential schools, and other contemporary topics.
Evaluation: Final examination during the scheduled examination period in April. LEGAL METHODS (AUGUST 21 – SEPTEMBER 1, 2023) LEGAL METHODS AA (LAW111H1F) (0101) Yasmin Dawood First Term: 2 credits One of the central goals of our JD program is to train students to “think like lawyers.” The Legal Methods intensive course is designed to introduce students to the foundational information and reasoning needed to make the most of the JD program from the outset. The course will provide general background information on the foundations of the Canadian legal system, such as the important legal institutions, the distinction between private and public law, the sources of law, and the relationship between core first year courses. The course will emphasize legal analytical methods and techniques used by law students. The course provides an introduction to analyzing and briefing cases, teaching students to identify key elements of a case and how to use precedents. The course also introduces students to statutory interpretation, the interaction between courts and the legislature, and an introduction on to how to prepare for and write law school exams. Evaluation: This class is evaluated on a credit/no credit basis. To receive credit for the course, a student must attend all classes and satisfactorily complete two assignments: (1) a take-home briefing exercise; and (2) an in-class legal writing exercise. LEGAL METHODS BB (LAW111H1F) (0102) Simon Stern First Term: 2 credits One of the central goals of our JD program is to train students to “think like lawyers.” The Legal Methods intensive course is designed to introduce students to the foundational information and reasoning needed to make the most of the JD program from the outset. The course will provide general background information on the foundations of the Canadian legal system, such as the important legal institutions, the distinction between private and public law, the sources of law, and the relationship between core first year courses. The course will emphasize legal analytical methods and techniques used by law students. The course provides an introduction to analyzing and briefing cases, teaching students to identify key elements of a case and how to use precedents. The course also introduces students to statutory interpretation, the interaction between courts and the legislature, and an introduction on to how to prepare for and write law school exams. Evaluation: This class is evaluated on a credit/no credit basis. To receive credit for the course, a student must attend all classes and satisfactorily complete two assignments: (1) a take-home briefing exercise; and (2) an in-class legal writing exercise. LEGAL METHODS CC (LAW111H1F) (0103) Martha Shaffer First Term: 2 credits One of the central goals of our JD program is to train students to “think like lawyers.” The Legal Methods intensive course is designed to introduce students to the foundational information and reasoning needed to make the most of the JD program from the outset. The course will provide general background information on the foundations of the Canadian legal system, such as the important legal institutions, the distinction between private and public law, the sources of law, and the relationship between core first year courses. The course will emphasize legal analytical methods and techniques used by law students. The course provides an introduction to analyzing and briefing cases, teaching students to identify key elements of a case and how to use precedents. The course also introduces students to statutory interpretation, the interaction between courts and the legislature, and an introduction on to how to prepare for and write law school exams. Evaluation: This class is evaluated on a credit/no credit basis. To receive credit for the course, a student must attend all classes and satisfactorily complete two assignments: (1) a take-home briefing exercise; and (2) an in-class legal writing exercise. LEGAL RESEARCH & WRITING (FALL TERM) LEGAL RESEARCH & WRITING (LAW149H1F) (0101) David Salter First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0102) Robert Stellick
First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0103) Spencer Bass
First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0104) Sandy Lockhart
First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0105) Catherine Fan, Diane Shiner
First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0106) TBD First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0107) Bonnie Fish First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). LEGAL RESEARCH & WRITING (LAW149H1F) (0108) Julia Kirby
First Term: 2 credits Legal research and writing introduces students to the way lawyers read, write, analyze and frame legal arguments. Students learn research and writing skills by engaging in numerous in-class exercises and preparing as assignments various legal documents including a legal memorandum and a factum. To maximize the pedagogical benefit to students, active engagement and participation in class is encouraged. Evaluation: Written assignments (90%) and class participation (10%). The assignments are: Assignment 1. case comment, 20% (due date for assignment 1, week 4) Assignment 2. one-issue memorandum of law, 30% (due date for assignment 2, week 8) Assignment 3. two-issue memorandum of law, 40%. (due date for assignment 3, December 19, 2022, last day for written work). PROPERTY LAW (SECTIONS): PROPERTY LAW (LAW103H1F) Chris Essert First term: 5 credits The purpose of the course is to introduce students to the concepts that lawyers use in dealing with competing interests in land, chattels and other forms of wealth. The concept of "property" is examined as are the concepts of possession and ownership, and the consequences flowing from these concepts. Adverse possession, finders, bailment, gift, estates, easements, appropriation of personality, and intellectual property are among the other topics which may be covered. Evaluation: Students will be evaluated by a take-home final examination (90%) on a specified day during the scheduled examination period at the end of the semester, class participation (10%). PROPERTY LAW (LAW103H1S) Abraham Drassinower
Second term: 5 credits The purpose of the course is to introduce students to the core concepts that lawyers use in dealing with competing interests in land, chattels and other forms of wealth. The concept of "property" is examined as are the concepts of possession and ownership, and the consequences flowing from these concepts. First possession, findings, adverse possession, bailment, gift, estates, easements, landlord and tenant, appropriation of personality and intellectual property are among the other topics which may be covered. Evaluation: Will be evaluated through a 3 hour open-book final examination worth 100% of the grade. PROPERTY LAW (SMALL GROUPS): PROPERTY LAW A (LAW128Y1Y) Douglas Sanderson
Both Terms: 6 credits This course introduces students to the concepts lawyers use in dealing with competing interests in land, chattels and other forms of wealth. Property is a highly conceptual aspect of the law. The main purpose of this course is get students comfortable with understanding property as a legal construct, and the consequences flowing from these constructs. The doctrine of estates in land, takings, concurrent ownership, landlord-tenant relations, equity, future interests, covenants, easements, licenses, adverse possession, and Aboriginal title are among the topics that may be covered. No laptops are permitted in class. Students are encouraged to take notes using pen and paper. Evaluation: Written assignments (90%) and class participation (10%). PROPERTY LAW B (LAW129Y1Y) Jim Phillips
Both Terms: 6 credits The purpose of the course is to introduce students to the core concepts that lawyers use in dealing with competing interests in land, chattels and other forms of wealth. The concept of "property" is examined as are the concepts of possession and ownership, and the consequences flowing from these concepts. The doctrine of estates in land, concurrent ownership, covenants, easements, adverse possession, de facto expropriation, landlord and tenant law, and aboriginal title are the other topics covered. Evaluation: Written assignments (90%) and class participation (10%).
TORT LAW (SECTIONS): TORT LAW (LAW104H1S) (0101) Arthur Ripstein
First term: 5 credits The law of torts deals with the sorts of disputes which arise when one person has caused injury or property loss to another. The largest part of the course will deal with the tort of negligence, but intentional torts, strict liability torts, and nuisance will also be discussed. Different theoretical perspectives on tort law will be analyzed and some consideration given to alternative methods of compensating for personal injuries. Evaluation: Students will be evaluated by way of an open-book 3-hour final examination worth 100% of the course grade. TORT LAW (LAW104H1S) (0102) Sophia Moreau
Second term: 5 credits Tort law is the law governing private wrongs, or invasions of one person’s legal rights by another. This course focuses on the reasoning that judges have used, and continue to use, in thinking about different kinds of torts. We will spend most of our time on negligence law but will also discuss some intentional torts and some strict liability torts. We will also read excerpts from The Measure of Injury, a book by American legal theorists Martha Chamallas and Jennifer Wriggins. This book offers a social justice-based critique of tort law and raises important questions about the interests and the people whom tort law fails to protect. Evaluation: 85% final closed book examination, 15% being on call during class discussions. TORT LAW (SMALL GROUPS): TORT LAW A (LAW132Y1Y) Abdi Aidid Both Terms: 6 credits The law of torts deals with the sorts of disputes which arise when one person has caused injury or property loss to another. The largest part of the course will deal with the tort of negligence, but intentional torts, strict liability torts, and nuisance will also be discussed. Evaluation: Written assignments (90%), class participation (10%). |