Welcome
Message From The Dean
Announcements
Admission Information
What's Happening?
Information for Law Students
Career Services
Programs Of Study
Fee Information
Alumni Information
Faculty, Staff and Students
Faculty Positions
Objectives of the Faculty
Awards and Financial Aid
The Paul Martin Law Library
Programs
Services & Activities
The Windsor Experience
Academic Regulations
Academic Status Matters
Regulation Concerning

         Discriminatory Practice
Policy Statement On Student Discipline
Legal Information


PROGRAM OF STUDY
BACHELOR OF LAWS

The program leading to the degree of Bachelor of Laws (LL.B.) requires admission as a full-time-student for three years or admission as a half-time student usually for six years (see Half-Time Study, below). The general structure of the curriculum will be as follows:

FIRST YEAR LAW COURSES

A basic level of instruction is given through mandatory courses in all the fundamental areas, problems and principles of the law; this will require somewhat more stress on public law and perspective courses than the traditional first-year curriculum.

All subjects as listed below must be taken.

98-800 Legal Process

This course is designed as an introduction to the Common Law legal system. The nature and functions of law, judicial decision-making (including the nature of legal justification), and the role of lawyers, judges and legal educators in the legal process will be examined. (3 credits) (Fall term)

98-801 Property

Tenures and estates; landlord and tenant; easements, covenants, licenses and profits; future interests and the Rule against Perpetuities; mortgages; elements of personal property, the social control of land. (6 credits) (3 credits each term)

98-803 Contracts

Formation of contracts, consideration; writing (and the Statute of Frauds); mutual assent, third party beneficiaries; capacity of parties; performance, breach and conditions; fraud and misrepresentations; remedies; quasi-contracts. (6 credits) (3 credits each term)

98-804 Administrative Law

The course will focus on the administrative process and the structures of administrative agencies. Statutory interpretation, the creation and control of delegated legislation and the form and exercise of administrative discretion will be considered in the context of three contemporary administrative agencies. (3 credits) (Winter term)

98-805 Criminal Law and Procedure

The principles of criminal liability, the elements of particular crimes; exploration of major problems of the criminal law and its administration, viewed as a method controlling socially undesirable behaviour. (5 credits) (2 credits - Fall term; 3 credits - Winter term)

98-807 Legal Writing

This is a program combining a variety of research and writing assignments with group discussion. Teaching Fellows will meet with and supervise small groups of students. The program will commence with an introduction to the law library and to legal research and will culminate in a moot court. This is an integral part of the first-year curriculum and students will be graded. (6 credits) (3 credits each term)

The following course may be taken in lieu of 98-805:

98-808 Droit pénal géneràl

Ce cours traite des grands principes de la responsabilite pénale; des elements constitutifs des infractions; et des problemes sousjacent a l'ad ministration du processus pénal.

98-810 Constitutional Law

A general introduction to the Canadian Constitution, with particular emphasis on the Charter of Rights. Topics include the nature of a constitution, constitutional history, parliamentary democracy, separation of powers, legislative process, rule of law, independence of the judiciary, the concept and process of judicial review of legislation, principles of federalism, introduction to division of powers and constitutional amendment. Discussion of the Charter of Rights will focus on the nature of constitutional protection of human rights, fundamental freedoms, mobility rights, equality rights, group rights, the limitation and non-obstante clauses and enforcement of the Charter. (5 credits) (2 credits - Fall term; 3 credits - Winter term)

SECOND YEAR COURSES

Civil Procedure 98-826 and Torts I 98-820 are the only required courses in the second year. Each of these may be taken in either the fall or the winter semester, depending upon course scheduling.

98-820 Torts I (Required)

An examination of the intentional torts and the law of negligence. (4 credits)

98-826 Civil Procedure (Required)

A study of the procedure in a civil action in Ontario with comparative material from other jurisdictions including: historical background, organization and jurisdiction of courts, pleadings, discovery, parties, amendment and disposition without trial. (4 credits)

SECOND AND THIRD YEAR COURSES

Each student must take a minimum of 29 credits and a maximum of 32 credits so that he/she has a minimum of 14 credits and a maximum of 16 credits in each term. These requirements may be varied by the Faculty Council or its delegate in individual cases. In addition, each second year student must take Torts I and Civil Procedure during either the fall or winter semester. Apart from these two courses and such prerequisites as may be established by Faculty Council, the program for second and third years is essentially optional in nature. However each student must successfully complete a research paper worth at least 50% of the grade in any course (including Supervised Research) in his or her second or third year of study. In addition, each student is required to select, in either second or third year, one course from a group of courses which give a broader perspective of the legal process and legal theory than is possible in a normal substantive course. These courses form the Legal Perspectives group and are listed immediately following.

LEGAL PERSPECTIVE COURSES

Aboriginal Law in Society

Access to Justice: Alternative Dispute Resolution

Advanced International Law

Civil Liberties

Constitutional Law I (University of Detroit Mercy)

Criminology

Economics of Government Regulation (Economics 41-387)

Feminist Legal Theory

International Economic Law

Introduction to Civil Law

Jurisprudence

Law of Developing Nations

Legal History

The Legal Profession

Public International Law

Special Topics in Legal Theory (selected sections)

(Legal Perspectives courses may change from year to year.)

98-821 Torts II

A review of tortious responsibility in areas such as strict liability, nuisance, defamation, products liability, and occupier's liability. (3 credits)

98-827 Access to Justice: Dispute Resolution

This course is a seminar in which the students are required to give a seminar and then write a research paper based upon it. Emphasis in the course is given to all varieties of dispute resolution whether by courts, administrative tribunals or by alternatives such as mediation or arbitration. In addition there is an attempt to compare these different methods. A common theme of the papers is to attempt to raise issues dealing with defects in the law which result in inequality of access. (3 credits)

98-832 Income Taxation

This course is designed to provide an introduction to Canadian Personal and Corporate Income Tax Law; it is a foundation course upon which other focused and specialized courses will be based for those students intending to give emphasis to taxation in their law careers. (4 credits)

98-833 Taxation of Business Associations

This course is designed to provide a detailed study of the law of taxation as it relates to forms of business organizations, including corporations and partnerships, and is for students intending to specialize in the corporate/commercial area of the practice of law. (3 credits) (Prerequisites: Business Associations and Income Taxation)

98-834 Advanced Taxation

A seminar which will focus on either:

(a) corporate taxation and policy or

(b) taxation of transnational business operations.

Corporate taxation will include a detailed study of the tax consequences of transfers to corporations, non-liquidating and liquidating distributions and re-organizations. Transnational taxation will involve an examination of Canadian taxation of foreign corporations and foreign source income, bilateral tax treaties to which Canada is party and the domestic tax laws of at least one host country, including either the U.K. or U.S. (3 credits) (Prerequisites: Income Taxation plus one of the following: Taxa-tion of Business Associations, Business Associations or Corporate Topics)

98-835 Taxation of Trusts and Estates

This course is designed to examine taxation laws as they apply to the estates of deceased persons and to inter vivos trusts, thus providing a specific focus upon an area of tax law about which practitioners in the corporate/commercial and succession law fields as well as those in general practice must be knowledgeable. (3 credits) (Prerequisite: Income Taxation)

98-836 Applied Taxation

This course is designed as a limited enrolment seminar for the examination of selected current topics and taxation issues by students who have given major emphasis to taxation in their programs of study and whose future areas of practice will demand such intensity of treatment. The law of taxation is a rapidly changing field and the course will permit students to maintain the currency of their knowledge prior to entry upon Articles and practice. (3 credits) (Prerequisite: Income Taxation)

98-840 Wills

This course will provide an introductory review of the administration of estates and will examine the law of intestate and testate succession including capacity, undue influence, execution and attestation, revocation, lapse, construction, dependents relief legislation, perpetuities and accumulations. (3 credits)

98-843 Family Law

An examination of some of the problems in the formation, unctioning and dissolution of the family unit with particular emphasis on the validity of marriages, informal relationships, illegitimacy, adoption, support rights and obligations, separation, desertion, divorces and child custody. This course attempts to combine a lawyer's practical approach to family problems with a broader view of how the law might treat family law problems in the light of findings from the social and behavioural sciences. (4 credits)

98-844 Family Property Law (Advanced Family Law)

The concept of family assets; distribution and management of property during marriage; on divorce and on death. (3 credits)

98-845 Transfer of Land (Real Estate Transactions)

An examination of selected problems in transactions involving purchase and sale of real property, priorities, the registry and land titles systems. (3 credits)

98-847 Jurisprudence

An introduction to some of the issues concerning the nature, problems and functions of law, a study of selected schools of jurisprudential thought, law as an instrument of social change, law as a tool for development, a study of popular legal concepts, an analysis of the source, and methods of evolution of law, problems related to reception of law, the role of law in developing societies, a role-oriented definition of law and methods of settling disputes. (3 credits)

98-850 Evidence

The adversary system materially, admissibility, relevancy, exclusionary rules, presumptions, burden of proof, judicial notice; witness, competence, privilege, corroboration; examination and cross-examination; appeals on matters of evidence. (4 credits)

98-852 Judicial Review of Administrative Action

This course will examine the powers and procedures of administrative agencies principally through a review of the various controls- legislative, executive and judicial-placed on statutory decision-makers. In particular the Judicial Review Procedure Act and the Federal Court Act will be analyzed. Various grounds of judicial review, including jurisdictional errors, errors of law and fact and abuses of discretionary power, will be studied. Finally, the course will examine the rules of natural justice and the Statutory Powers Procedure Act. (4 credits)

98-853 Advanced Administrative Law

A course involving presentation and defense of a paper. Topics covered will be those not dealt with at all or in any detail in Administrative Law or Judicial Review of Administrative Action. These may include government contracts, liability of the Crown, administrative rehearings, Public Inquiries, Royal Commissions and emerging issues such as fairness, what is a regulation?, the jurisdiction of the Ombudsman. (3 credits) (Prerequisite: Judicial Review of Administrative Action)

98-854 Le Contrôle de l'administration

Ce cours traite des pouvoirs et des procedures des organismes administratifs. On examine la Judicial Review Procedure Act, la loi de la Cour federale et qualques autres moyens de se pouvoir contre l'administration. Les cas d'ouvertures au pouvoir de surveillance judicaire, tel l'exces de pouvoir, l'erreur de droit a la face du dossier, l'abus de pouvoir et le manquement aux regles de la justice naturelle seront analyses. (3 credits)

98-857 Public International Law

An introduction to the principles and rules of conduct which states observe in their relations with one another as well as the relationship of these rules to national law and to individuals and non-state entities. (3 credits)

98-858 Advanced International Law-International Institutions

A study of the legal organization of modern international society, with special emphasis on the law and organization of the United Nations and the European Union. (3 credits) (Prerequisite: Public International Law)

98-859 International Business Transactions

This seminar examines major legal aspects of modes of doing business abroad, from the perspective of the Canadian business entities dealing in Canada. The seminar will commence by looking at the generality of international business transactions and the role of Canadian counsel vis-a-vis Canadian and foreign clients. It will proceed to an examination of international sale of goods, transactions in their private law, public law and international law aspects, including the terms of f.o.b. and c.i.f. sales; export and import controls, Canadian customs and anti-dumping duties and the work of the Export Development Corporation; and the impact of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). Consideration will also be given to the exporter entering into agency and distributorship agreements abroad and transfers of industrial technology. Direct investment through branches, wholly controlled subsidiaries and joint ventures will be examined; this will involve discussion of the liability of parent business entities, anti-trust and foreign investment controls and international regulation. Some basic issues in the taxation of transnational business operations will be covered; however the detailed study of such taxation is left to the Advanced Taxation seminar. (3 credits) (No prerequisites. Recommended: Public International Law, Commercial Law I, Conflict of Laws)

98-860 Conflicts (Private International Law)

This course is intended to provide a survey of the law relating to cases which contain a foreign element. It includes a review of the principles determining the jurisdiction of the courts, the choice, proof and application of the appropriate law and the enforcement of foreign judgments. An introduction will be given to the rules of law applied to the adjudication of disputes having a foreign element in the areas of family law. This will include polygamy, the recognition of foreign divorces, property, administration of estates and succession, and the law of obligations, including contracts, torts and negotiable instruments. It will also consider the recognition and enforcement of foreign judgments and the different rules applicable to substantive and procedural matters. (4 credits)

98-861 Canada/U.S. Issues

This course will focus on a variety of issues in Canada/U.S. relations. It is anticipated that the primary emphasis will be on international trade and environmental concerns but other topics may be discussed as well. Due to the nature of the course, it may be taught in conjunction with professors from U.S. law schools. (3 credits)

98-862 International Economic Law
This course studies the public side of international
economic law, including the WTO system, the World Bank and IMF, extraterritoriality, international antitrust, investment, sustainable development, international labour law and aspects of international commercial arbitration. (3 credits)

98-865 Trusts

The historic development of uses and trusts; and the employment of the trust in its modern context. The requisites of a valid trust; express, implied, resulting, constructive, secret and charitable; and the rights, duties and powers of fiduciaries. (3 credits)

98-867 Labour Law

A study of union-management relations including: establishment of the collective bargaining relationship; certification, conciliation; permissible resort to economic pressure; strikes; lockouts, picketing, injunctions; the collective agreement; negotiation, terms and enforcement; the arbitration process; the union and its members. (4 credits)

98-868 Labour Arbitration

This limited enrolment course will focus upon the process of dispute settlement under collective agreements via grievance and arbitration procedures. The nature and scope of the collective bargaining agreement will be examined and consideration will be given to the respective roles of the arbitrator and the court in the development of a problem-solving jurisprudence for disputes arising out of the interpretation and application of collective agreements. Pre-arbitration procedures, arbitrability, resources for arbitral decision-making, arbitration procedure, arbitral remedies, judicial review of arbitration awards, post-arbitration procedures and selected issues in grievance determination, such as discipline, discharge, appointment, seniority, promotion, work assignment, sub-contracting, technological change and management rights will be among topics studied. Mock arbitrations will be conducted in which students will act as counsel and arbitration board nominees. (Prerequisite: Labour Law; Recommended: Judicial Review of Administrative Action) (3 credits)

98-872 Commercial Law - Sales

A study of the Sale of Goods Act and the law relating to commercial paper, negotiable instruments, banking and secured transactions. (3 credits)

98-873 Selected Topics and Current Problems in Commercial Law (Commercial Topics).

This course will examine selected current problems in Commercial Law as well as study in greater depth areas which call for more attention than was possible in the basic course in Commercial Law. The particular issues examined in any given year may vary depending upon the interests of the students and the instructors but may usually be expected to include one or more of the following: banking law, commercial paper, documents of title, secured transactions, sale of goods and other related matters impacting upon commercial transactions. (3 credits) (Prerequisite: Commercial Law)

98-872 Commercial Law - Secured Transactions

A study of the law of secured transactions,
bankruptcy and commercial restructuring in insolvency situations. (Bankruptcy and Insolvency Act and the Company Creditors’ Arrangement Act) Creditors remedies of execution, garnishment, etc. will be addressed here. (3 credits)

98-877 Business Associations

This course provides the essential legal background to the major forms of business association. It will include a functional and theoretical analysis of sole proprietorships, partnerships, joint ventures, franchises and corporations. Attention will also be paid to basic principles of agency law and their application to these forms. The course is designed as a foundation course in the law of business association and as a prerequisite for more intensive study in selected topics and current problems in corporate law, corporate finance, advanced taxation, securities regulation and other subjects required by the student intending to enter the corporate/ commercial field as a preferred area of practice. (3 credits)

98-878 Selected Topics and Current Problems in Corporate Law (Corporate Topics)

This course will examine selected current problems in corporation law as well as study in greater depth, areas which will call for more attention than was possible in the basic course in Business Associations. The particular issues examined in any given year may vary depending upon the interests of the students and the instructors but may usually be expected to include one or more of the following: the terminology of corporate accounting and the financial structure of the corporation, limitations on financing and control devices, corporate distributions and reorganizations, the allocation of decision-making power within the corporation, remedies of shareholders and creditors, together with securities, anti-competition, foreign investment and tax legislation. (3 credits) (Prerequisite: Business Associations)

98-879 Corporate Finance

This seminar will consider the financing of corporations through equity, debt and leasing and the planning of business combinations. The course will commence with an examination of basic accounting and income taxation aspects of equity and debt financing. Equity financing through issuing shares in series will be studied through an analysis of the conditions of sample preferred share issues. Short and medium debt financing from chartered banks and other agencies will involve a consideration of the principal conditions of such financing, including security. Long-term debt financing is considered in the context of the use of a trust indenture for a public issue of debentures in series. Leasing, including equipment leases, financial leasing, lease options and sale/lease-backs are also examined. The mechanics and documentation of a public issue and a private placement of corporate securities are compared. The course concludes with an examination of some of the theories of enterprise valuation and of the various ways business can be combined. (3 credits) (Prerequisite: Business Associations; Recommended: Corporate Topics, Income Taxation, Commercial Law, and Selected Topics in Commercial Law)

98-883 Criminal Procedure

A study of advanced problems in that part of the law of procedure relating to trial and appeal of criminal actions as well as a study of those institutions which bear directly upon the trial of criminal cases. (3 credits)

98-885 Debtor-Creditor Relations

The law governing relations between creditors and defaulting or insolvent debtors including such matters as prelitigation and bankruptcy. (3 credits)

98-887 Landlord and Tenant

Creation of the relationship of landlord and tenant; requirements of a valid lease; covenants, distress, relief against forfeiture, determinations of tenancies. Problems relating to tenants' associations, rent strikes, shopping centre leases and new developments in the law will be considered. (2 credits)

98-889 Remedies

A study of the major legal and equitable means of enforcing rights and relieving wrongs including compensation for personal injuries, contract damages, tortious damages, specific performance, and injunctions (both interlocutory and permanent). (3 credits)

98-892 Supervised Research

Students may obtain credit for supervised research if they obtain the prior consent of a faculty member to act as a supervisor and the project is approved by the Academic Programs Committee. Applications must be lodged with the dean. Such research must be completed in the term in which it is commenced and will be evaluated by the faculty member in consultation with the committee. Copies of the detailed rules related to Supervised Research should be consulted and may be obtained in the General Office. (1-4 credits)

98-893 Civil Liberties

This seminar compares the Canadian and American approaches toward civil liberties with reference to such concepts as due process, right to counsel, and cruel and unusual punishment. Other topics examined are "national security" legislation, electronic surveillance and access to government information. Political science as well as legal materials are used. (3 credits)

98-895 Criminal Sanctions

A seminar course focusing on sentencing and the sentencing system. Topics will include the justification and principles of sentencing, sentencing options, the sentencing hearing, the effectiveness of sentencing, reform of the sentencing system, parole, Lieutenant Governor's warrants for the criminally insane, the disposition for murder, dangerous offenders and capital punishment. This seminar pursues both theoretical and practical perspectives. (3 credits)

98-896 Advanced Criminal Law

A seminar focusing primarily upon substantive offenses such as contempt, obscenity and fraud, although some procedural issues such as fitness to stand trial, psychiatric remands, abuse of process and right to counsel may be examined. (3 credits)

98-899 Introduction to Civil Law

This course is designed as an introduction to Civilian Legal Systems. It will examine successively the concept of a legal system, the uses and abuses of comparative law, Roman Law, French legal history, codification and the judicial process in civilian jurisdictions. The course will also include a brief overview of the Civil Code of Quebec and an examination of the legal problems which arise in mixed jurisdictions. (3 credits)

98-903 Land Use Planning

A study of the place and function of law and lawyers in land use planning; an exposure to the planning process and its active participants in government and community. (3 credits)

98-904 Municipal Law

An introduction to the organizational structure, functions and powers of local government in Ontario. An examination of some of the problem areas of modern municipal government, such as the election and legal position of council members, municipal financing, assessment and taxation; the creation and enforcement of by-laws; the municipal licensing power and its administration; the provision of public services and the legal basis for the operation of local boards and commissions; the opening and closing of public highways. Throughout the course emphasis is placed on the role of the lawyer practicing in the area of municipal law as municipal solicitor or as general practitioner. (Recommended: Judicial Review of Administrative Action) (3 credits)

98-905 Advanced Municipal/Planning/Environmental Law

This course is designed to give students the opportunity to do in-depth legal research and field studies and apply the results to the solution of specific problems, primarily through the writing of legal opinions and the drafting of remedial local legislation. The course format will be that of a workshop-seminar, conducted with the assistance of panels of specialists practicing or working in the topic areas. The seminar will also attempt to introduce the student to the procedural and practical aspects of advocacy before municipal and provincial boards through mock hearings. (Prerequisite: Any one of Municipal, Environmental, or Land Use Planning Law) (3 credits)

98-906 The Lawyering Process: Interviewing, Counselling and Negotiation

Students will be asked to consider critical perspectives on the processes of becoming a lawyer and values and attitudes that may be embraced, consciously or otherwise, in the process. Consideration will be given to the essential lawyering skills of interviewing, counselling, and negotiation. A new approach is taken to the lawyer/client relationship. The potential impact on the performance of these lawyering tasks, in a manner which best serves the interests of the client, will be examined and will form a theme in the course. (Anti-requisite: Clinical Advocacy) (3 credits)

98-907 Advocacy

An in-depth study of the preparation of a case trial from the first interview with special emphasis on accumulating documentary proof of damages, the preparation for and conduct of discovery and settlement negotiations. (Prerequisite: Evidence) If a particular emphasis is selected as between Civil or Criminal Advocacy, students will be informed by the instructors. (Anti-requisite: Civil Advocacy and Criminal Trial Advocacy) (4 credits)

98-909 Regulation of Trade Practices

A study of the legislation dealing with competition and trade practices in Canada with principal emphasis on the Combines Investigation Act including conspiracy, monopoly, price discrimination, promotional allowances, contests, price main-tenance, misleading advertising and reviewable practices such as refusal to supply, exclusive dealing and tied selling. In addition, labeling and food and drug legislation are considered. (3 credits)

98-912 Insurance Law

A general introduction to the principles of the law of insurance. The course includes examination of insurable interest, valuation, subrogation, contribution, the duty of disclosure, the position of agents, formation and variation of the contract, the cover and actions on the contract. (3 credits)

98-914 Trade Marks and Unfair Competition

The subject matter of the course is the body of Canadian and American jurisprudence which establishes and defines the legal doctrines by which a trader's business reputation is established and protected both at common law and by statute. The major part of the course concentrates on what American terminology would refer to as "trade identity unfair competition." In addition the course focuses on the expansion of trade identity law which is generally referred to in Canada as the tort of passing off. Lastly, the course examines certain practices which may be regarded as unfair competition but which cannot be analysed, explained and assessed by classical trade mark theory and includes an examination of section 43(a) of the Lanham Act. (3 credits)

98-915 Copyright Law

This course will provide students with a thorough knowledge of Canadian and U.S. Copyright Law. Further, the students will be exposed to the International Copyright systems including trade related copyright concerns (e.g. GATT, NAFTA, WTO). Students will get a solid grounding in basic principles of copyright law and will analyse the copyright issues affecting new technologies (e.g. digital sampling, colourization of films, computer technology). (3 credits)

98-916 Restitution

This course deals with the principles of quasi-contract and equity which have evolved to combat unjust enrichment. Topics include benefits conferred by mistake, restitution of benefits conferred under ineffective transaction, recovery of profits of wrongdoing, unrequested benefits and volunteers, compulsory discharge of another's liability, tracing at common law and equity, the constructive trust and equitable lien, subrogation and contribution. (3 credits)

98-920 Environmental Law

This introductory course uses a seminar-workshop structure to study the existing legislative and administrative machinery for environmental management and protection with special emphasis on the environmental law of Ontario. The course will include a comparative analysis of U.S. Federal and Michigan Environmental Law and may also glance at environmental practice and procedure in selected Commonwealth and European jurisdictions. (3 credits)

98-923 Aboriginal Law in Society

The course will involve a theoretical and systematic approach to the study of and/or functioning of aboriginal or native law which will be examined from a legal, sociological, economic and anthropological perspective and give appropriate emphasis to women's issues. (3 credits)

98-924 The Law of Developing Nations

The study will include an analysis of the relationships between law and other disciplines such as economics, political science, sociology and anthropology. The course is designed to bring into focus the utilization of law toward bringing about social change, by manipulating the arrangements which law has established with the four disciplines mentioned above. The course will encompass a study of the several models of development generated out of the structural peculiarities of the modern states. While the theoretical framework is borrowed from such scholars as Seidman, Trubek, Gallanter and Unger, the analysis will be anchored both to the developed North American and European continents. (3 credits)

98-926 Clinical Law

A limited enrolment program available each semester to a group of about twelve students. The program will bring students into supervised contact with practical legal problems outside of the classroom in an attempt to teach legal skills, professional responsibility and knowledge of social and legal institutions. (Clinical Advocacy is an anti-requisite for Lawyering Process) (15 credits)

98-928 The Mediation Clinic

The Mediation Clinic provides students with the opportunity to learn the skills of mediation in an intensive classroom component, and then to practice their skills in a clinical setting (“The University of Windsor Mediation Service”). The Mediation Clinic was the first clinical mediation program to be offered for course credit in any Canadian law school and has provided a model for many others. It offers a range of clinical co-mediation and facilitation experiences, including working with referrals from the Windsor Small Claims Court, departments of the Windsor City Council and local law firms and clinics. Evaluation is based on a student journal and their clinical work. There are no prerequisites for this course. However, students who have already (or contemporaneously) taken the ADR : Access to Justice course will find that the Mediation Clinic is significantly more skills-based and focuses exclusively on mediation rather than the full spectrum of ADR processes. (3 credits)

98-934 Canadian Federalism

An extensive and intensive examination of the division of powers under the Canadian Constitution including the process of characterization of legislation. The interpretation of specific heads of legislative power will be examined in depth, with particular attention to the federal general and emergency powers, property and civil rights, trade and commerce, transportation and communications, criminal law and the administration of justice. (3 credits)

98-935 Problems in Canadian Federalism

This seminar will concentrate on current problems of Canadian federalism, drawing on a background of the experience of other federal systems. Problems to be examined will include Quebec separatism, Canadian sovereignty, language laws, federal-provincial arrangements and the process of constitutional reform. (3 credits)

98-939 The Legal Profession

This course will provide opportunity to examine the legal profession and its Rules of Professional Conduct, legal education, professionalism, competence, discipline as well as the role of the lawyer in society. Emphasis will be given to the role of the legal profession and the Law Society as well as lawyers' obligations to the community, the courts, their clients, the profession, other lawyers and themselves. As well, consideration may be given to factors to be considered by legal professionals in the selection of career options, principal areas of practice, specialization and achievement of professional self-fulfilment. The students will be expected to question and challenge established assumptions and to examine critically all aspects of the practice of law, the administration of justice and legal education. A significant amount of time will be devoted to issues of ethics and professional responsibility. Students will be required to participate in simulations and other small group methods to explore these issues. (3 credits)

98-940 Legislation

The course will have both jurisprudential and practical aspects. It will seek to examine the relative roles of legislature and judiciary in the process of legal change and the various techniques which are available to the judiciary to effect legal change. It will also seek to examine in some depth the process and rules of statutory interpretation. Depending on time and the interests of the students in the class, problems of the role and construction of subordinate legislation, the drafting of legislation and the "shape" of the statute book may also be examined. The materials selected for the course will range over a wide number of substantive legal areas and will look at approaches from all parts of the Common Law world. (3 credits)

98-942 Law and Medicine

A seminar in medico-legal aspects of law practice. Topics to be considered are legal aspects of medical practice and liability; medical aspects of litigation such as expert medical testimony and the use of special techniques such as X-ray, encephalography and cardiography; examination of current problems in the medico-legal area. (3 credits)

98-943 Child and the Law

An examination of the special problems encountered by young people in Canada's judicial system. Topics vary from year to year and have included such matters as child protection proceedings, the child care system, young offenders, adoption and child abuse. (3 credits)

98-945 Criminology

The course will focus upon: "penology" or "corrections" rather than the etiology of crime. It will consist of a series of seminars prepared and presented by students working either individually or in teams. Topics will include principles of sentencing; punishment as a deterrent; prevention detention; prisons and jails; parole, probation and "halfway houses;" special facilities for female offenders, young offenders and offenders requiring psychiatric treatment. (3 credits)

98-947 Canadian Legal History

An introduction to the historical development of law, from early times to the present day. (3 credits)

98-951 Consumer Protection

This seminar course will involve an examination of the problems facing consumers in their dealings in the modern market place and an assessment of the effectiveness of possible legal responses to those problems, including private law remedies, criminal sanctions, administrative regulations, etc. Areas which may be covered include misleading advertising, product quality, delivery of professional services, access to the legal system, the regulatory agencies, consumer co-operatives and consumer education. (3 credits)

98-955 Regulated Industries

An examination from an administrative law perspective of various regulated industries in Canada such as transporting (e.g. airlines, railways, navigation, etc.), agriculture, fisheries, manufacturing, energy, communications, among others. (3 credits)

98-957 Immigration Law and Procedure

This course examines the treatment of aliens in Canada specifically with regard to Immigration Law and to a lesser extent, Citizenship and Nationality Law. The historical treatment of aliens with regard to Canadian immigration policy will be studied together with the specific administrative practice surrounding immigration and residence in Canada of non-Canadians. Specific examinations of entrance to Canada, permanent admission, deportation procedure, appellate tribunals and acquisition of citizenship will be undertaken within a seminar/lecture format. (3 credits)

98-959 Securities Regulation

This course examines the philosophies and mechanics of the regulation of securities trading in Ontario, the nature of the primary and secondary trading markets and differing approaches to regulation. The principal focus of the course is on the operation of the Ontario Securities Act; in particular, topics such as registration requirements and prospectus requirements are dealt with at length. In addition, the course deals with topics such as insider trading, proxy solicitation, takeover bids and the civil and criminal liabilities under the act. (Recommended: Corporate Topics, Corporate Finance) (3 credits)

98-961 Feminist Legal Theory

This is an interdisciplinary course which employs an historical, cultural legal and psychological analysis of North American and specifically Canadian sex-based stereotyping. Major topics include the origins of feminist analysis, women in the political process, merit and equality non-discrimination legislation and litigation. The first seven meetings are devoted to establishing a framework of analysis for the student seminars which occupy the rest of the term. Paper course. (Recommended: Family Law, Civil Liberties) (3 credits)

98-963 Law and Economics

This course will examine the impact of economic considerations in assessing current trends in the legal and political decision-making process. The major emphasis in the selected topic areas will be determined by the faculty members teaching the course and student interest. The present focus of the seminar is on macro and/or micro-economic theory of law. (3 credits)

98-970 Special Topics in Legal Theory

A seminar, which may extend over two terms, with the purpose of providing an opportunity for students and faculty members to examine in-depth designated issues in legal theory. The seminar is conceived as a co-operative and collaborative effort amongst faculty and students in pursuit of both the examination and expansion of knowledge of legal theory. The issues will be selected in consultation with students on an annual basis. By virtue of the nature of this seminar it is contemplated that it may frequently be offered by two or more faculty members. The instructors may vary from year to year. (1 to 4 credits)

99-990 Common Law/Civil Law Exchange Program

A 10-week program of intensive instruction sponsored by the Department of Justice to encourage understanding of both legal cultures. Instruction takes place at Dalhousie and Laval for five weeks each. Students selected from Windsor Law School for the Common Law/Civil Law Exchange shall be eligible for two credits on a pass/fail basis. Credits from this course will appear on the Fall Term transcript following completion of the program. Credits from this course cannot be applied in satisfaction of minimum course credit loads in any academic term at the Law School.


COURSES OUTSIDE THE FACULTY

Students are allowed, with permission, to enrol in courses taught in other faculties of the University of Windsor and certain courses taught at the law schools at Wayne State University and the University of Detroit Mercy for credit toward an LL.B. degree.

Grades achieved in courses taught outside the Faculty of Law are recorded on the student transcript but are not calculated into averages for ranking purposes.

HALF-TIME STUDY OF LAW PROGRAM

To further the faculty's theme of access to justice, a half-time study program has been implemented. The program is designed to increase access to law studies and to the profession of law for those prevented from entering upon full-time studies for specified reasons. These reasons are exceptional family obligations and the loss of employment imposing unusual or significant financial hardship upon single income families, upon persons on limited or tentative incomes and upon persons whose occupational involvement is of a public and community-oriented nature. The program is also designed for individuals who are differently abled and who wish to pursue the study of law with a reduced workload.

Half-time students are fully integrated into the full-time program and will complete their program with full-time students through a combination of day, late afternoon and evening classes. All regular academic and extracurricular programs will be made available to half-time students, as will awards, bursaries and prizes.

Academic Status Regulations will apply to half-time students in the same manner as they are applied to full-time students. However, this is subject to a few significant exceptions and half-time students should ensure that they clearly understand the applicable regulations.


For further information:
Faculty of Law, University of Windsor, 401 Sunset Avenue, Windsor, Ontario, N9B 3P4, Canada.
Voice: (519)253-3000 ext. 2925
Fax: (519)973-7064
Internet:
UWlaw@uwindsor.ca