This course will introduce students to fundamentals of knowledge systems that inform
Indigenous understandings of law, justice, governance and treaties. It is intended to provide students with a deeper understanding and appreciation of the lived experience of Indigenous peoples in Canada. This course is offered as an experiential education opportunity that will assist students in gaining familiarity, in a variety of contexts, with the diversity of Indigenous worldviews, ontologies and epistemologies that frame Indigenous reality. The course will examine major political, educational, economic, legal, and cultural issues facing Indigenous peoples and communities in Canada in both present-day and historical contexts. Course material will be drawn from the Truth and Reconciliation Commission, the Ipperwash Inquiry, the Royal Commission on Aboriginal Peoples, the United Nations Declaration on the Rights of Indigenous Peoples, and Murdered Missing Indigenous Women and Girls Inquiry; as well as other materials that provide insights into the contemporary reality of Indigenous peoples. As the main goal of the course is for students to demonstrate a sound appreciation for the perspectives and realities of Indigenous peoples, students will learn directly from Indigenous peoples through guest speakers and assigned multi-media. Students will be required to participate in land based and experiential activities outside of the law school; there will be a remote option for students to fulfill these requirements remotely. The course will be framed around the concept of ‘place’ (e.g., urban
Toronto) and explore relationships to place from a variety of experiential perspectives (e.g., Indigenous, ally, settler Canadian, newcomer).
Course or Seminar Category: Property Law
Administration of Civil Justice: Estate Litigation
This seminar will examine the substantive, procedural, and practical issues surrounding litigating certain claims by and against estates. Topics may include, depending upon available time, a detailed review of will challenges, dependant support claims, appointment and removal of estate trustees, passing of accounts, quantum meruit claims, and solicitor’s negligence in drafting wills. We will also examine the role of mandatory mediation and other negotiation techniques in resolving estate litigation. Students will also participate in a mock mediation exercise.
For each of these topics, we will explore how a client’s case is developed through the interaction of the case law, the Rules of Civil Procedure, the applicable statutes, the rules of evidence, and the psychology of the family unit.
Indigenous Perspectives and Realities
This course will introduce students to fundamentals of knowledge systems that inform
Indigenous understandings of law, justice, governance and treaties. It is intended to provide students with a deeper understanding and appreciation of the lived experience of Indigenous peoples in Canada. This course is offered as an experiential education opportunity that will assist students in gaining familiarity, in a variety of contexts, with the diversity of Indigenous worldviews, ontologies and epistemologies that frame Indigenous reality. The course will examine major political, educational, economic, legal, and cultural issues facing Indigenous peoples and communities in Canada in both present-day and historical contexts. Course material will be drawn from the Truth and Reconciliation Commission, the Ipperwash Inquiry, the Royal Commission on Aboriginal Peoples, the United Nations Declaration on the Rights of Indigenous Peoples, and Murdered Missing Indigenous Women and Girls Inquiry; as well as other materials that provide insights into the contemporary reality of Indigenous peoples. As the main goal of the course is for students to demonstrate a sound appreciation for the perspectives and realities of Indigenous peoples, students will learn directly from Indigenous peoples through guest speakers and assigned multi-media. Students will be required to participate in land based and experiential activities outside of the law school; there will be a remote option for students to fulfill these requirements remotely. The course will be framed around the concept of ‘place’ (e.g., urban
Toronto) and explore relationships to place from a variety of experiential perspectives (e.g., Indigenous, ally, settler Canadian, newcomer).
Indigenous Perspectives and Realities
This course will introduce students to fundamentals of knowledge systems that inform Indigenous understandings of law, justice, governance, and treaties. It is intended to provide students with a deeper understanding and appreciation of the lived experience of Indigenous peoples in Canada. This course is offered as an experiential education opportunity that will assist students in gaining familiarity with Indigenous voices and priorities, in a variety of contexts, with the diversity of Indigenous worldviews, ontologies and epistemologies that frame Indigenous realities. The course will examine major political, educational, economic, legal, and cultural issues facing Indigenous peoples and communities in Canada in both present-day and historical contexts. Course material will be drawn from processes such as the Truth and Reconciliation Commission, the Ipperwash Inquiry, the Royal Commission on Aboriginal Peoples, the United Nations Declaration on the Rights of Indigenous Peoples and Murdered Missing Indigenous Women and Girls Inquiry; as well as other materials that provide insights into the contemporary realities of Indigenous peoples.
As the main goal of the course is for students to demonstrate a sound appreciation for the perspectives and realities of Indigenous peoples, students will learn directly from Indigenous peoples through guest speakers and assigned multi-media. Students will be required to participate in land-based and experiential activities outside of the law school; with potential options for students to fulfill these requirements remotely. The course will be framed around the concept of place’ (e.g., urban Toronto) and explore relationships to place from a variety of experiential perspectives (e.g., Indigenous, ally, settler Canadian, relation, newcomer).
Trusts
This course will provide a survey of key issues relating to trusts and trustees. The topics to be covered include: the juridical nature of the trust as a distinctive legal relationship, the reasons for which trusts are established (or come into existence by operation of law), the means by which trusts are established, the different species of trusts, including express trusts, purpose trusts, constructive trusts and resulting trusts, and issues relating to trustee duties.
Trusts
Trust law is an important legal discipline in its own right; however, as trusts can appear in other areas of law, including family law, corporate law, real estate, and estate planning and litigation, having a foundational knowledge of trusts can be of assistance to a lawyer no matter what area of law they practice. This course seeks to provide an understanding not only of what a trust is and how a trust is created, but also explore the legal relationship between the trustee, the beneficiary, and the property that is held in trust. The topics to be covered include the legal nature of trusts and how they are created, the reasons why trusts are created or come into existence by operation of law, the various kinds of trusts, including express trusts, purpose trusts, constructive trusts, and resulting trusts, as well as the legal relationship between the trustee and the beneficiaries, and the corresponding duties of the trustee and the rights the beneficiaries may exercise. The real-world use of trusts, and the implications and intersectionality of trusts with other areas of law, will be covered if time permits.
Comparative Law: Indigenous Legal Traditions
This seminar will introduce students to non-state Indigenous legal orders. Using a transsystemic pedagogical model and a wide range of reading materials (legal cases, methodology, pedagogy, anthropology, theory) students will critically explore the theories and practices of indigenous legal traditions through analysis and substantive treatment of: indigenous sources of law; oral histories and traditions (as legal archive); legal cases and precedent; modes of reasoning and interpretation; and authority and legitimacy.
Law & Social Change: Construction Law
Construction is one of the largest industries in Canada, contributing a 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, with a rich jurisprudential history in Canada. 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
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.
Indigenous Peoples and Canadian Law
This course will provide a critical survey of state law as it relates to Indigenous peoples in Canada. The focus will be on the following topics: the historical context and constitutional framework; Aboriginal rights and title; self-government; treaties and treaty rights; and introduction to the Indian Act; and the authority and obligations of the federal and provincial governments.
This course fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.