Regulation Of Competition

Competition is good. In most industrialized countries, including Canada, this belief in the value of competition – that consumer and businesses prosper in a competitive and innovative marketplace – is a backbone of domestic and global economic policy. This belief is also the underpinning for the creation and enforcement of global and domestic competition/antitrust laws, including Canada’s Competition Act.  The Competition Act seeks to maintain and encourage competition in Canada, primarily through public and private enforcement. Competition law, enforcement and policy feature prominently in political debate and in the press, particular due to concentration concerns and the vigorous enforcement of competition laws. This course aims to provide students with a basic understanding of competition law, enforcement and policy and the analytical tools necessary to assess (1) the impact of such on a firm’s behaviour and consumer well-being, and (2) how law can be applied to a firm’s business conduct.  Key topics considered in detail in this course are:  (1) all aspects of Canada’s Competition Act, including its reviewable practices and criminal offences; (2) the respective roles, investigative powers and decision making powers of the Canadian Competition Bureau, the Commissioner of Competition, the Public Prosecution Service of Canada, the Competition Tribunal and the Courts; (3) mergers; (4) collusion among competitors; (5) abuse of dominance or monopolization; (6) deceptive marketing practices; and (7) private enforcement.  
Why take this course?
Individuals and firms, both small and large, require advice to ensure their conduct does not violate the criminal and civil provisions of competition law, is in compliance with all regulatory requirements, and does not result in exposure to civil suits by competitors, customers and suppliers. As a result, a basic knowledge of competition law is useful to anyone whose practice will have commercial aspects.  Practitioners whose work may benefit from some knowledge of competition law include:  
· Corporate and commercial practitioners (whether in a transactional or litigation practice) regardless of size of firm;
· Plaintiffs’ side lawyers (including tort lawyers);
· Criminal defence lawyers;
· Intellectual property lawyers;
· Lawyers who advise clients in industries subject to regulation;
· In-house lawyers who counsel business people about the legality of business plans and communications in the regular course of business; and  
· Government lawyers.

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.

Labour & Employment Law

This course provides an introductory overview of labour and employment law in Ontario and beyond.  Students will work to build a conceptual framework for understanding the legal regulatory regimes governing the individual contract of employment and collective bargaining.  We will delve into the purposes and foundational assumptions of these regimes with a view to the scope and parameters of protection, and the veritable silences and deficiencies.  Expect to be exposed to a range of critiques, from reformist to radical, and to gain appreciation for how labour and employment law shapes, and in turn is shaped by, the everyday lives and demands of ordinary working people.  

The course is open to all and will provide a gateway into more advanced topics and courses in this and other fields.  It is especially well-suited for students wanting to deepen appreciation for social justice.

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, negotiations 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 that regulates the heritage protection of built form, and building and 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 related 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 Ontario Land Tribunal (OLT) and the matters that it adjudicates;
• 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; and
• be able to critically evaluate and analyze formal decisions related to land use planning made by municipalities, the Province, the OLT and other approval authorities.

Public International Law

Public International Law is the system of law relating to inter-state relations, the functioning of international institutions, the relations of such bodies with each other, and their relations with States, individuals, groups and other entities. It seeks an understanding of certain rules of law relating to individuals and non-State entities. This course is intended as an introduction to the norms, rules and practices of international law that are recognized as being binding obligations on sovereign states in their mutual relationships.
Topics will be covered from among the following: sources of international law; subjects of international law (States and non-State actors; self-determination; individuals; international organizations); rights and duties of States; recognition of States and governments and legal effects thereof; state responsibility for international delinquencies; international law applying processes in domestic legal systems; state and diplomatic immunities from suit in foreign courts; the United Nations Charter and limitations on the use of force and international dispute settlement.

Refugee Law

Refugee protection is in a perpetual state of crisis, both domestically and abroad. Many refugee law practitioners and scholars argue that states are retrenching from their duty to provide refugees with the protection to which they are entitled under international law. At the same time, some government actors, media figures and civil society groups contend that existing refugee determination processes are excessively generous and are subject to widespread “abuse” by economically motivated migrants. Still others suggest that refugee protection regimes either distract from or help reinforce a deeper problematic: control over migration that serves to entrench global disparities in income, wealth and security.

This course offers students an opportunity to engage critically with these and other debates over refugee law at the level of theory, policy and practice. This critical engagement will occur through a collaborative examination of refugee law instruments, institutions and jurisprudence in international and domestic forums, with a heavy emphasis on Canada.  

The course will be offered through lectures and class discussions. The course will also include several weeks of student-led teaching in the second half of the term. There will be two written assignments. The course requires consistent and active student participation throughout the term, including participation in evaluated group work. There is no final exam or final paper. The course, including all evaluated work, will be complete by December 1.

Note that the course will be offered in a hybrid remote/in-person format (hyflex). Students can attend classes either on campus or remotely via Zoom.

Disability & the Law

This course examines disability as a legal category with implications for the rights of persons with disabilities. Students will be introduced to alternative conceptions and theories of disability and impairment, and will examine how law constructs and regulates the lives of individuals with disabilities. Throughout the course we will examine statutory provisions and jurisprudence in different areas including: family, reproduction, death and dying, health, human rights, education, social assistance and economic supports to understand how disability is defined and regulated by law. This course analyzes and evaluates how law can best achieve the goals of social justice, inclusion and equality for individuals with disabilities.

This course offers in-class instruction in an interactive lecture/discussion/presentation format. Students are expected to read the assigned materials before class and to participate in analytical class discussions. From time to time, guests will be invited to speak about their area of expertise and/or their experience of law and disability.

Environmental Law

This course is an introduction to the law of environmental protection in Canada. Major issues and contemporary developments in environmental law are brought to life via guest lectures, short films, news stories and scenarios drawn from real-world environmental controversies. Some of these scenarios are taken up via optional student moot courts and client briefings. Topics typically include common law environmental litigation (eg toxic torts, class actions, SLAPP suits); jurisdiction to regulate (eg federal division of powers, local government powers, inherent Indigenous jurisdiction); air and water pollution control; public participation and environmental rights; compliance and enforcement; judicial review of environmental decision-making (eg standard of review, public interest standing); economic policy instruments (eg carbon taxes); federal toxics regulation; environmental/impact assessment; endangered species protection; and parks and protected areas (eg IPCAs). Throughout the course, we use cross-cutting issues like the climate crisis and environmental racism to understand complex legal and policy problems, and we explore the emerging debates around “rights of nature”.

The course is evaluated by a mid-term assignment, class participation, and final exam. For the mid-term  assignment, students work in groups to do an in-class moot court, present an in-class client briefing, or submit a public comment to a government agency on a real-life proposed environmental act, policy, or regulation that is posted for comment on the Ontario Environmental Bill of Rights registry or the federal environmental registry.  
 
The course is integrated with the Faculty of Environmental & Urban Change graduate course ENVS 6164 and typically includes students from the MES program, whose presence greatly enriches the learning experience.

Insurance Law

Are personal injury lawyers ambulance chasers?  Are insurance companies only interested in denying claims and generating profits for their shareholders?  There are many misconceptions about the insurance industry despite the important role that insurance law plays in regulating so many areas of our lives.  Through this course, students will achieve a better understanding of the role that an insurance law lawyer plays in advancing and defending claims arising out of a motor vehicle collision, a slip and fall accident, or a long term disability claim.  Through a case study approach, student simulations and by attending litigation events involving real litigants, students will experience first-hand the application of insurance law and procedure. This will also involve an analysis of the Rules of Civil Procedure, the Rules of the Licence Appeal Tribunal (LAT) and case law generated by the Financial Services Commission of Ontario, the License Appeal Tribunal and multiple levels of the Superior Court of Justice.  

Students are required to participate in one of the following insurance litigation events throughout the term: an examination for discovery, a mediation session, a LAT case conference, a LAT Hearing, a pre-trial hearing and a day of trial.    The course instructor will facilitate this process.  Students will be required to prepare a paper of 5 pages at the end of their real world litigation experience.

Administrative Law

Administrative law is the body of law that governs public decision-making. It aims to ensure that all public authorities use their powers legally, reasonably, and fairly.
This course will be both theoretically rigorous and highly practical. We will study a set of foundational administrative law concepts (grants of authority, the limits of discretion, the duty of procedural fairness, the right to an unbiased decision maker, standards of review, and public law remedies) as well as their real-world applications including in the courtroom.
Each of the four Adjunct Professors maintains a broad public law practice. As such, case studies will include ministerial decisions, public inquiries, various administrative tribunals, municipal council decisions, environmental assessments, copyright rate-setting, supply management matters, indigenous elections, and parliamentary proceedings.