This seminar will focus on simulated family law cases. As “counsel” for these cases, students will examine and apply legal principles, tactical, ethical and policy considerations, and rules of practice and professional responsibility to complete tasks and resolve problems that arise in the day to day work of family law practice. Throughout the seminar, students will be exposed to the interdisciplinary nature of family law. Work with complex fact patterns will assist students to develop advanced analytical skills, client management skills and to understand how to work effectively with professionals such as mental health experts and business valuators to achieve optimal outcomes for clients. Students will engage in the drafting of documents and participate in mock courtroom appearances. Classes will be in-person.
Course or Seminar Category: Property Law
Land Dev. & Commer. Real Estate Proble
The seminar deals with a broad range of subject matter within the context of land development and commercial real estate. Its focus is on developing problem-solving techniques to deal with the issues raised by the subject matter. The areas covered by the seminar include planning and land use control issues related to subdivisions and urban developments, commercial real estate including a discussion of various business entities used in real estate transactions such as limited partnerships, joint ventures and co-tenancies; current problems respecting condominiums; a discussion of institutional and secondary financing, consideration of ground leasing techniques; mixed use developments, public-private partnerships and commercial leases, and the negotiation of agreements of purchase and sale.
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.
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.
Wills and Estates
A basic and fundamental course in the law of Wills and Estates, including: an examination of will planning and drafting; consequences of not having a will; steps involved in the administration of an estate; the impact of legislation dealing with basic income tax issues, matrimonial entitlement, and the support of dependants; mental incapacity issues and the appointment of substitute decision-makers for incapable persons; and the resolution of estates disputes, including a review of available alternative dispute resolution procedures.
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.
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.
Securities Regulation
A primary objective of this course is for students to obtain a solid grounding in the basic concepts of Ontario securities law, as well as an understanding of the underlying policy objectives of regulators and decision-makers in implementing and interpreting statutory provisions. Students should also develop knowledge of how securities law influences business transactions and the activities of public issuers, as well as how courts and regulators use securities law concepts and policies in resolving and hearing disputes. Students will be presented with practical knowledge of securities law doctrines and concepts, and attempt to understand the roles that securities lawyers play as advisors to issuers, registrants, investment funds, and derivatives dealers and users. For those students who do not intend to practice securities law, the expectation is that the course will provide a working knowledge of key aspects of the capital markets and the governance frameworks for these markets.
Indigenous Peoples and Canadian Law
This is a unique Indigenous Peoples and Canadian Law course experience that covers a variety of topics through a focus on treaties and a practical experiential-learning based approach to Indigenous rights litigation. This course is designed to simulate real-world legal practice where collaboration is essential for success. Students will work in teams to analyze and prepare a complex legal case as part of a larger group advocacy project. Students who enjoy working with others and sharing ideas are more likely to find this course particularly rewarding.
The course will provide a survey of the procedural and substantive elements of litigating Indigenous rights from the perspective of a lawyer practicing exclusively in this area of law on behalf of First Nation clients and communities. Topics may include but are not limited to: Indigenous laws and governance systems; intersocietal law; history of treaties and treaty relationships; pre-existing Indigenous sovereignty and assumed Crown sovereignty; the honour of the Crown; the colonial doctrines of discovery and terra nullius; settler-colonialism and Indigenous resurgence.
This course consists of weekly lectures and in-class discussions. Evaluation methods encompass in-class quizzes, weekly reading assignments, participation and group work. This course also fulfills the prerequisite requirements for the Intensive Program in Indigenous Lands, Resources and Governments.
Indigenous Peoples and Canadian Law
This course provides a critical survey of state law as it relates to Indigenous peoples and lands in what is now known as Canada.
Topics may include but are not limited to: historical context and constitutional framework; Indigenous law and constitutionalism; Aboriginal rights and title; self-government; treaties and treaty rights; the Indian Act; the obligations of the federal and provincial governments; and Indigenous identity.
This course fulfills the prerequisite requirement for the Intensive Program in Indigenous Lands, Resources and Governments.
Lectures will be recorded.