This course will use the standard Ontario Agreement of Purchase and Sale as a baseline to examine the leading academic issues and legal questions regarding real estate transactions in Ontario. We will focus on understanding how a real estate transaction works, the rights and obligations of the buyer and the seller of real estate, and the roles and obligations of the professionals involved in these transactions: the realtors, lawyers and mortgage brokers.
Course or Seminar Category: Legal Theory and Legal History
Securities Regulation
This is a four hour course that attempts foundational and detailed coverage of the Ontario Securities Act, with the goals of both ensuring good understanding of the most important requirements of securities law, as well as the underlying policy objectives that those rules are intended to achieve. There will be reference to other provincial or international regulation where appropriate for comparison. Included in the detailed coverage are the definitions of key securities regulatory concepts such as “security”, “trade”, and “distribution”; requirements for primary and secondary distribution of securities; prospectus disclosure; exemptions and resale rules as well as recent changes here; continuous and timely disclosure obligations with particular reference to prohibitions on insider trading; mergers and acquisitions with particular reference to takeover bid legislation; primary and secondary market civil liability; enforcement law and policy.
Law & Social Change: Construction Law
Construction is one of the largest industries in Canada, contributing 7.5% to Canada’s GDP annually, and employing more than 1.4 million people. The construction industry is broad and multi-faceted. From residential construction including houses and condominiums to commercial construction, such as office towers and hotels to industrial and infrastructure development including hospitals, schools, roads, and transportation systems. In Toronto alone, the scale of current construction projects is evident from a simple look at the skyline. With recent changes to the Ontario legislation and large amounts of government funding being directed towards revitalizing provincial and federal infrastructure, now is the perfect time to study this area. Construction law is a rapidly growing specialized field which has developed into its own distinctive area of law. Not only does construction law have a rich jurisprudential history in Canada, it is also at the forefront of emerging alternative dispute resolution processes such as Dispute Review Boards and Adjudication. The industry is ordered by a complex web of private contracts, public laws and regulations, and a set of common law duties, unique to the industry in some instances. In this course, we will survey and examine the legal relationships between all stakeholders and the respective legal rights and remedies. The course will canvass the private law of contract, tort, real property, debtor-creditor, agency, administrative law and trusts. In addition, we will cover related topics concerning public law and legislation relating to sale of goods, personal property security, liens, trusts, and adjudication. This course will allow students to analyze construction law issues and apply these principles of law in a construction setting. Guest speakers will be invited to contribute to some discussions.
Real Estate Transactions
The purpose of this course is to review and analyze the legal, ethical and practical issues in commercial and residential transactions respecting real property. Problems and remedies related to real estate transactions, including those involving real estate brokers and agents, sellers and buyers, mortgagors and mortgagees will be examined. Focus will be on the foundational areas of real estate law and their sources, including cases and statutes.
Securities Regulation
This is a four hour course in which we will deliver an overview of securities regulation in Canada from a practitioner’s perspective. We will review the Ontario Securities Act, regulations and policies, and will reference certain securities laws in other jurisdictions as well. We will study certain key securities regulatory concepts and how they intersect with today’s corporate finance markets. Our review will include: the meaning of terms such as “security”, “trade” and “distribution”; primary and secondary distribution of securities; prospectus offerings; private placement exemptions and resale rules; regulation of the trading markets including various stock exchange rules; capital pool companies and SPACs; continuous and timely disclosure; takeover bid legislation; mergers and acquisitions; primary and secondary market civil liability; and regulatory enforcement issues. Our goal is to have our students leave the course with a solid grounding in Canadian securities law as well as a good understanding of how these laws impact corporate finance in Canada.
Jurisprudence
This is a course in the philosophy of law that approaches its subject matter through the lens of political philosophy. It will involve critical discussion of core issues and classical texts from the 17th century to the present. The organizing topics are: legitimacy, justice, and the nature and moral significance of law. Special emphasis will be placed on the ways in which various philosophical conceptualizations of the human person intersect with justifications for political and legal arrangements, including distributions of rights, goods, and powers. Students will develop competence and facility over several historically influential texts in legal philosophy (from Hobbes and Locke to Rawls, Williams, Waldron and Dworkin). Students will sharpen their legal reasoning, analytical and critical reading skills. Students will fine-tune their abilities to break down legal arguments, and examine their foundations. No prior philosophical training is required.