Course or Seminar Category: Property Law

Family Law I

The course is intended to provide an introduction to the legal regulation of the family in Canadian and provincial law. The course is divided into six sections in order to facilitate an examination of the creation of the family unit, the regulation of the ongoing family, and the problems of family breakdown.

The first three classes present an introduction to various definitions of the family and provides relevant sociological and demographic context to the range of viable definitions. An overview of the seminal issues and tensions in family law will be canvassed. The introductory materials also cover the constitutional dimensions of family law.

The introductory materials are followed by a series of classes on the creation of the family. Several weeks of classes will cover adult relationship formation (including marriage) and the creation of parent-child relationships including adoption and reproductive technologies.

This is followed by a series of classes on the dissolution of the family. It is in this section that students will be exposed to the technicalities of divorce, along with topics such as the private ordering of dissolution (via mechanisms such as contract, mediation, and collaborative lawyering).

The fifth section covers the consequences of dissolution for adults by an examination of property division on dissolution, dealings with the matrimonial home, and spousal support.

The sixth and final section of the course deals with the consequences of family dissolution for children and covers issues such as custody and access, and child support.

In examining the rights and responsibilities of family members, we will explore questions such as: What is a family? What is a spouse? What is a parent? The answers to these questions are no longer as settled as they once seemed. We will consider the law’s answer to these questions, and the extent to which the legal regulation of the family is responding to changing and diverse family forms. Attention will be given to the issues of gender, race and class.

The course will be taught from a critical and policy-oriented perspective. The course emphasizes the role of law in defining and enforcing family arrangements, and the rights and responsibilities of family members. The course pays particular attention to law reform and policy choices in the legal regulation of the family in Ontario. The objective of the course is to provide a social, political and economic context within which legislative policies and judicial approaches can be understood and critically evaluated.

Family Law I

The course is intended to offer an overview of family law and to provide a foundation for later, more specialized seminars or research projects. It provides an introduction to some of the issues and problems relating to law and the family, focusing on three contexts: the creation of the family unit, the regulation of the ongoing family, and issues arising at family breakdown. Topics to be explored include marriage, reproduction, adoption, child care, family violence, child protection, divorce, property, support, domestic contracts, custody and access, and dispute resolution.

The course is taught from practical and a critical and policy-oriented perspective. The objective of the course is to learn how family law works in Ontario, and to under the social, political and economic context within which legislative policies and judicial approaches can be understood and assessed.

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.

Wills and Estates

The Canadian population is aging with an unprecedented intergenerational transfer of wealth now underway. Incapacity and estate planning and estate administration are within a growing area of legal practice. Overview of topics to be covered:
– appointment and role of substitute decision makers during incapacity
– formal validity of a Will
– mental capacity to make a Will and do other estate planning transactions
– various limitations to making a Will and possible challenges to beneficiary entitlement
– property passing on death outside the estate through joint ownership or designation of beneficiaries on life insurance and registered products
– dying without a Will and devolution of property passing through the estate
– steps involved in the administration of an estate
– impact of estate administration tax as different from income tax arising on death
– spousal property rights on death and the support of the deceased’s dependants
– estate lawyer’s duties to a client, including under the Rules of Professional Conduct
– some tools to protect the estate plan from legal challenge

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.

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.

Land Use Planning

This course will provide an overview of the law of land use planning and development law regime in Ontario, with an emphasis on the processes, approvals, and contractual arrangements involved
In the development of land, with reference to the Planning Act.

Topics will include the provincial and municipal roles in land use planning and a close examination of the various land use planning instruments and processes, including official plans, zoning by-laws, draft plans of subdivision/consents to sever, site plan approval, building permits, etc. The course will also examine indirect land use controls such as development agreements, development charges and other fees, charges and levies. Students will be introduced to legislation and policies that regulate the heritage protection of built form, expropriation law, indigenous interests in land use planning, and building construction.

The role of the Ontario Land Tribunal (OLT) will be discussed, as well as local appeal bodies. Emphasis will be placed on the significant role that local government has with respect to land use planning. The course will accordingly combine aspects of municipal law with an understanding of
the land development process.

Overall, the course will provide students with an understanding of the powers and rights available to citizens, stakeholders, landowners, governments, non-governmental organizations, and public
sector agencies in shaping land use planning in Ontario.

As learning objectives, students should, by the end of the course:
· demonstrate a high degree of knowledge of the main principles and rules applicable to the land use planning regime in Ontario, with a particular focus on the Planning Act and select case law, and be able to apply these principles and rules to various fact situations in a relevant, precise and well-structured way;
· have an appreciation of other important Ontario statutes that impact the land use planning and development regime in Ontario, and be able to apply relevant portions of these statutes;
· be familiar with the basic functions and powers of municipalities in Ontario;
· understand the general role and the administrative procedures of the OLT and the matters that it adjudicates; and
· develop a critical perspective on the land use planning regime in Ontario, and be able to explain how certain policy objectives may be fulfilled or, alternatively, frustrated by aspects of the regime.

Note: there may be occasional guest lecturers on select topics.

Indigenous Peoples and Canadian Law

The principal aim of this course is to develop critical understanding of those parts of Canadian constitutional law that pertain specifically to Indigenous peoples. Topics will include the notions of sovereignty and self-determination, relevant British imperial law, the honour of the Crown and the enforceable Crown obligations to which it gives rise, federal and provincial legislative authority, section 35 of the Constitution Act, 1982, Aboriginal rights and title, treaties and treaty rights, and Indigenous self-government (statutory and constitutional). The plan is for one class session, late in the term, to feature Toronto lawyers who represent or advise Indigenous clients, discussing practice-related issues.

The course will also acknowledge the reality, the coherence and the efficacy of Indigenous law. Early in the term, an Indigenous law scholar will spend one class session introducing the students to an Indigenous legal order. But Indigenous law will figure somewhat less prominently in this section of the course than it does in some other sections, because the instructor, who is not Indigenous, has neither authority nor permission to pronounce on matters internal to any Indigenous legal order. Students whose primary interest is in Indigenous law may prefer another section of this course, or may wish to supplement this course with a companion course whose specific focus is Indigenous law.

This course satisfies the prerequisite requirement for the Intensive Program in Aboriginal Lands, Resources and Governments. It may also be useful background for advanced seminars about Indigenous Peoples and the Law.

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.

Family Law I

The course is intended to provide an introduction to the legal regulation of the family in Canadian and provincial law. The course is divided into six sections in order to facilitate an examination of the creation of the family unit, the regulation of the ongoing family, and the problems of family breakdown.

The first three classes present an introduction to various definitions of the family and provides relevant sociological and demographic context to the range of viable definitions. An overview of the seminal issues and tensions in family law will be canvassed. The introductory materials also cover the constitutional dimensions of family law.

The introductory materials are followed by a series of classes on the creation of the family. Several weeks of classes will cover adult relationship formation (including marriage) and the creation of parent-child relationships including adoption and reproductive technologies.

This is followed by a series of classes on the dissolution of the family. It is in this section that students will be exposed to the technicalities of divorce, along with topics such as the private ordering of dissolution (via mechanisms such as contract, mediation, and collaborative lawyering).

The fifth section covers the consequences of dissolution for adults by an examination of property division on dissolution, dealings with the matrimonial home, and spousal support.

The sixth and final section of the course deals with the consequences of family dissolution for children and covers issues such as custody and access, and child support.

In examining the rights and responsibilities of family members, we will explore questions such as: What is a family? What is a spouse? What is a parent? The answers to these questions are no longer as settled as they once seemed. We will consider the law’s answer to these questions, and the extent to which the legal regulation of the family is responding to changing and diverse family forms. Attention will be given to the issues of gender, race and class.

The course will be taught from a critical and policy-oriented perspective. The course emphasizes the role of law in defining and enforcing family arrangements, and the rights and responsibilities of family members. The course pays particular attention to law reform and policy choices in the legal regulation of the family in Ontario. The objective of the course is to provide a social, political and economic context within which legislative policies and judicial approaches can be understood and critically evaluated.