ACADEMIC INFORMATION 

COLLEGE OF ARTS AND HUMAN SCIENCES 

COLLEGE OF ENGINEERING AND SCIENCE 

COLLEGE OF BUSINESS, EDUCATION, AND LAW 

Business Administration 

Education 

Law

Officers of Instruction
General Information
Admissions Policy
Program of Study
M.B.A. / LL.B. Program
Joint J.D. / LL.B. Program
Intellectual Property Law Program
Law Awards and Financial Aid
Special Lectures
Law Service Courses

COLLEGE OF GRADUATE STUDIES AND RESEARCH 

AWARDS AND FINANCIAL AID 

GENERAL INFORMATION 

GENERAL INDEX 

GLOSSARY 
 

 5.3 FACULTY OF LAW

Honorary Professors 

Zuber, Thomas; B.A. (Assumption), D.C.L. (honoris causa) (Windsor). (Mr. Justice Zuber served as a member of Faculty prior to entering his judicial career.) 

Professors Emeriti 

Whiteside, John W.; Q.C.; B.A. (Assumption), of Osgoode Hall, Barrister-at-Law—1975. 

Manzig, John G.W.; LL.B., LL.M. (Dalhousie), Lic. Jur., Dr. iur. (Cologne), of Osgoode Hall, Barrister-at-Law, also of the Bar of Nova Scotia—1970. 

University Professor 

Marasinghe, M. Lakshman; LL.B., LL.M. (University College, London), Ph.D. (The of Oriental & African Studies, London), of Osgoode Hall, Barrister-at- Law, also of the Inner Temple—1970. 

Professors 

Brown, Raymond E.; B.A. (Seattle), LL.B. (Washington), Member of the Washington Bar—1968. 

Stewart, George R.; B.A. (Carleton), LL.B. (Ottawa), LL.M. (L.S.E., London), of Osgoode Hall, Barrister-at- Law—1970. (Assistant Dean) 

Menezes, Julio R.; LL.B. (Tanzania), LL.M. (Yale), of Osgoode Hall, Barrister-at-Law—1973. 

Bushnell, Ian. S.; B.S.A. (Toronto), LL.B. (Dalhousie), LL.M. (Osgoode), of Osgoode Hall, Barrister-at-Law—1975. 

Wydrzynski, Christopher J.; B.A., LL.B. (Windsor), LLM. (Osgoode), of Osgoode Hall, Barrister-at-Law—1975. 

Wilson, Larry C.; LL.B. (Saskatchewan), LL.M. (Manitoba), of Osgoode Hall, Barrister-at-Law,—1976. 

Murphy, Paul T.; B.A., LL.B. (Windsor), M.S.L.S., M.U.P. (Wayne State), of Osgoode Hall, Barrister-at- Law—1976. (Law Librarian) 

Conklin, William E.; B.A. (Hons.) (Toronto), M.Sc. (L.S.E., London), LL.B. (Toronto), LL.M. (Columbia), Ph.D. (York), of Osgoode Hall, Barrister-at-Law—1977. 

Mazer, Brian M.; B.A., LL.B. (Saskatchewan), LL.M. (Alberta), of Osgoode Hall, Barrister-at-Law—1977. 

Bogart, William A.; B.A., LL.B. (Toronto), LL.M. (Harvard), of Osgoode Hall, Barrister-at-Law—1980. 

Irish, Maureen F.; B.A., LL.B. (Toronto), LL.M., D.C.L. (McGill), of Osgoode Hall, Barrister-at-Law—1980. 

Gold, Neil; B.A. (York), LL.B. (Toronto), LL.M. (York), of Osgoode Hall, Barrister-at-Law, also of the Bar of British Columbia—1985. 

West, J. Leigh; B.A. (Queen's) LL.B. (McGill), M.Sc. (Iowa State), LL.M. (Wayne State), of Osgoode Hall, Barrister-at-Law—1986. 
Associate Professors 

James, D. Charles; B.A. (Southampton), LL.B. (Cantab.)—1977. (Secretary and General Counsel to the University) 

Carasco, Emily F.; LL.B. (Makerere University), LL.M., S.J.D. (Harvard)—1980. 

Berryman, Jeffrey; LL.B. (Hons.), M. Jur. (Auckland, N.Z.), LL.M. (Dalhousie)—1981. Barrister and Solicitor of the High Court of New Zealand. 

Weir, John P.; B.Comm. (Hons.) (McMaster), LL.B. (Queen's), LL.M. (York), of Osgoode Hall, Barrister-at-Law—1983. (Associate Dean of the Faculty) 

Etherington, Brian D.; B.A. (Hons.) (McMaster), B.Ed. (Queen's), LL.B. (Queen's), LL.M. (Yale), of Osgoode Hall, Barrister-at-Law—1987. 

Moon, Richard J.; B.A. (Trent), LL.B. (Queen's), B.C.L. (Oxford), of Osgoode Hall, Barrister-at-Law—1987. 

Eansor, Donna M.; LL.B. (Windsor), LL.M. (Wayne State), of Osgoode Hall, Barrister-at-Law—1989. 

Tawfik, Myra J.; B.A., LL.B., B.C.L. (McGill), LL.M. (Queen Mary College, University of London), of Osgoode Hall, Barrister-at-Law, Member of the Bar of Quebec—1991. 

Valiante, Marcia A.; B.Sc., B.A. (New Hampshire), LL.B. (Osgoode), LL.M. (Queen's), of Osgoode Hall, Barrister-at-Law—1992. 

Westmoreland-Traoré, Juanita; B.A. (Marianopolis), LL.l (Montreal), D.e.s., Doctorate of State (Paris II) of Osgoode Hall, Barrister-at-Law, Member of the Bar of Quebec. (Dean of the Faculty) 

Law Library Staff 

Boen, Daniel K.L.; LL.M. (Indonesia), M.L.S. (Western Ontario). (Catalogue Librarian) 

Murphy, Paul T.; B.A., LL.B. (Windsor), M.S.L.S., M.U.P. (Wayne State), of Osgoode Hall, Barrister-at-Law. (Law Librarian) 

Adjunct Professors 

Barat, Arthur M.; LL.B. (Western Ontario), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Property) 

Nosanchuk, His Honour, Judge Saul; B.A. (Assumption), LL.B (Osgoode), of Osgoode Hall Barrister-at-Law. (Special Lecturer in Criminal Procedure and Criminal Sanctions) 

Cheung, K. W.; LL.B., LL.M. (London), of Osgoode Hall, Barrister-at-Law, also of the Bar of Manitoba, and Solicitor, Law Society of England and Wales and Law Society of Hong Kong. (Special Lecturer in Taxation Practice and Concepts) 

Phillips, His Honour, Judge Douglas, W.; B.A. (Western), LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. 

Special Lecturers 

Adjin-Tettey, Elizabeth; LL.B. (Ghana), LL.M. (Queen's), LL.M. (Calgary), Doctor Juris. (Osgoode). (Special Lecturer in Legal Process) 

Campbell, Gregory; LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Civil Trial Advocacy) 

Charney, Robert; B.A., LL.B (Windsor), LL.M. (Columbia), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Constitutional Litigation) 

Colautti, Raymond G.; LL.B. (Windsor), Barrister-at-Law. (Special Lecturer in Civil Trial Advocacy) 

Ducharme, Patrick; B.A., LL.B. (Windsor), of Osgoode Hall, Barrister-at Law. (Special Lecturer in Criminal Advocacy and Criminal Procedure) 

Foulds, David S.; B.A., B.P.H.E. (Queen's), LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Civil Trial Advocacy) 

Gold, Mary; M.A. (Windsor), M.A. (Wayne State), J.D. (Detroit), Member of the Michigan Bar and Associate Professor. Cross-appointment with Communication Studies, University of Windsor. (Special Lecturer in Contracts, Property and Regulated Industries) 

Harrison, Denis; B.A. (Western Ontario), LL.B (Toronto), Barrister-at-Law. (Special Lecturer in Criminal Procedure) 

Jacobs, Beverly K.; LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Aboriginal Law) 

Kroes, Marianne; B.A. (Michigan), LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Legal Profession) 

Lewis, John U.; A.B. (North Texas State), Ph.D. (Marquette). Cross-appointment with Philosophy. (Special Lecturer in Legal Process and Jurisprudence) 

MacOdrum, Donald H.; B.A. (Queen's), LL.B. (Toronto), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Patent Law) 

Nicholson, Nancy; B.A., B.Ed. (Queen's), B.Comm., M.B.A., LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Commercial Law) 

Pawley, Howard; B.A. (Winnipeg), LL.B. (Manitoba), LL.D. (Windsor), Q.C. (Special Lecturer in Problems in Canadian Federalism) 

Posliff, Edward J.; B.A. (Hons.) (Windsor), LL.B. (York), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Civil Trial Advocacy) 

Rose, Stepher; B.Comm. (Dalhousie), LL.B. (Osgoode), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Securities Regulations) 

Stewart, Gregory F.; B.A., LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Labour Arbitration) 

Voyvodic, Rose; LL.B. (Windsor), of Osgoode Hall, Barrister-at- Law. (Director, Legal Assistance of Windsor and Clinical Law) (Assistant to the Dean) 

Wilkki, George A.; B.A.Sc., LL.B. (Windsor), of Osgoode Hall, Barrister-at-Law. (Special Lecturere in Real Estate Transactions) 

Yaworsky, James; B.A., LL.B. (Toronto), M.A. (London), of Osgoode Hall, Barrister-at-Law. (Special Lecturer in Landlord/Tenant Law) 

5.3.1 GENERAL INFORMATION 

The Faculty of Law of the University of Windsor was established in 1967, and the first entering class was admitted in September, 1968. Mark R. MacGuigan was its first dean, succeeded by Walter Tarnopolsky, John McLaren, Ron Ianni, Julio Menezes, Neil Gold, and Jeff Berryman, each of whom left their personal mark on the , contributing to the development of a responsive curriculum and meaningful scholarship. The Faculty's commitment to community service grew under their direction, creating a unique, socially responsive, and responsible institution dedicated to learning. 
The Law Faculty building at Sunset Avenue and University Avenue, was opened by then Governor General Roland Michener in 1970, and contains fine lecture theatres, seminar rooms, faculty offices,, and facilities which house the 182,000 volumes of The Paul Martin Law Library, the Windsor Yearbook of Access to Justice, the Students' Law Society, the Student International Law Society, and the Windsor Caucus of the National Association of Women and the Law, the Legal Profession Research Program, and the student-run Windsor Review of Legal and Social Issues. 

The student body has grown from thirty to four hundred since 1968, with a Faculty of twenty-one to twenty-five scholar-teachers. 
At Windsor, law is viewed as a process aimed at the achievement of social ends and justice. Education in the law assists students to understand how legally educated and trained persons may gainfully contribute to the creation and maintenance of the best possible social order. 

The Law has developed a varied, yet purposive program of study in which law is seen as part of complex and dynamic social processes: law touches all aspects of human endeavour and is, in turn, fashioned by it. Law's connection with the humanities and social sciences is inescapable both in study and in action. Critical theory, social science research methods, and sound intellectual analysis combine to inform the student of law about underlying, fundamental values and beliefs. The resources and insights of the humanities and social sciences permit our students an opportunity to understand that law study is inextricably related to social, political, practical, and theoretical issues. In large measure, law is about getting things done; it is practical in its orientation. At Windsor, theory and practice are not polar extremes along a continuum which separate the practitioner from the academic; practice is seen as the implementation of theory and theory as the positing of, among other things, action. 

Recognizing that the discipline of law is complex, our aim is to assist students to acquire intellectual skills and habits of mind suited to law practice and a myriad other careers. They are asked to reflect critically upon the legal system, the legal profession, and the law itself. In doing so, they challenge the assumptions which underlie the status quo and propose options which might better serve the public interest. Since law is tied to all aspects of human relations, law study can and must focus beyond legal doctrine. 

Because the environment of the law is rich, supported by community projects, scholarly endeavour, and personal interests, those who participate in its program may pursue a directed, yet personally oriented path for personal and professional development. 

The Faculty recognizes the need to be responsive to the challenges of the future and remains flexible about scholarly and curricular endeavour. Its commitment to serve the public need is firm. We at Windsor are proud of our accomplishments in our first twenty years. But we will never rest on our achievements, rather we will build upon them. 

The Paul Martin Law Library 

The Paul Martin Law Library, with its collection of over 182,000 volumes (including a large microform collection and an audio and video-tape collection), satisfies all student research needs encountered in the study of Canadian law. A rich source of materials is also available for historical and comparative law purposes, dealing with the law of other common law countries, as well as some aspects of select civilian and socialist legal systems. 

In addition to exhaustive coverage of Canadian primary legal materials, the library includes good collections of material from Great Britain, certain Commonwealth countries, and the United States. The library's collection of secondary materials, which is drawn largely from the legal literature of the same countries, is also very good. 

The Q/L Automated Canadian legal data bases, Westlaw American legal data base as well as the Dialog system of social science data bases, are also available in the Law Library. (All first-year students have an opportunity to use the Q/L system in the course on Legal Writing.) 

A well-qualified library staff maintains a program to develop and assist in utilizing this strong, well-balanced collection. 

In addition to the facilities of the Paul Martin Law Library, students and faculty have easy access to the Leddy Library of the University of Windsor, with its collection of approximately one and a quarter million volumes and, in connection with certain courses of study, to other more specialized libraries both in Windsor and Detroit. 

5.3.2 ADMISSIONS POLICY 

For information concerning the current admissions policy and procedures of the Faculty of Law, contact: 
 
Liaison and Applicant Services (Law Division) 
University of Windsor 
Windsor, Ontario 
N9B 3P4 

5.3.3 PROGRAM OF STUDY 

The program leading to the degree of Bachelor of Laws (LL.B.) requires full-time attendance for three years, or part-time attendance for six years. 

The first year consists of a core of mandatory courses in all of the fundamental areas, problems, and principles of the law, with somewhat more stress upon public law and perspective courses than upon the traditional, first-year law curriculum. 

The second and third years allow some variation in course work and research, while including certain common program requirements. 
Details of the program, its regulations, and course descriptions are outlined in the separate Faculty of Law Calendar, which may be obtained from the Law Admissions Office. 

5.3.4 M.B.A./LL.B PROGRAM 

This program is designed to enable a student to obtain both an M.B.A. and an LL.B. within four years. Successful applicants will pursue first-year studies separately in the Faculty of Business Administration and the Faculty of Law. Years II and IV of the Integrated Program will involve work in both faculties. 

Prospective Integrated program students must gain admission independently to both Faculties; the GMAT and LSAT are both required. To facilitate program planning, interested students are urged to seek admission to both faculties simultaneously. Candidates are approved by the Committee of Directors of the program; those admitted are granted a Deferred Admission to the faculty whose first-year studies are to be pursued in the second year of the program. 
Applicants seeking to enter the Integrated Program should so signify in the space designated on the application for admission, and return the Application Form before February 1st. Such students should also make simultaneous application to the Faculty of Business Administration. 

5.3.5 JOINT J.D. / LL.B. PROGRAM 

This program has been designed to enable University of Windsor Law students to obtain a J.D. from the University of Detroit Mercy simultaneously with the LL.B. from the University of Windsor. The degree requirements of the two institutions must be separately met. The University of Windsor has agreed to allow its students to use a total of nineteen semester hours taken at the University of Detroit Mercy towards satisfaction of the LL.B. requirements. The University of Detroit Mercy has agreed to grant University of Windsor students the equivalent of two years advanced standing with regard to obtaining a J.D. American Bar Association rules require that a student receive at least thirty semester hours' credit from the University of Detroit Mercy as a prerequisite to granting a degree. It becomes possible for a student at the University of Windsor to obtain both degrees in three calendar years (as opposed to academic years, i.e., six terms) through the following program: 

1) completion of the first year at Windsor; 
2) taking five to six hours at the University of Detroit Mercy during the summer following first year at Windsor. 
3) during the second and third years at Windsor, taking a total of nineteen hours at the University of Detroit Mercy which would count towards the LL.B.; 
4) during the summer between second and third year at the University of Windsor, taking five to six hours at the University of Detroit Mercy so that a total of thirty hours at the University of Detroit Mercy has been completed by the end of the student's third year at the University of Windsor. 

5.3.6 INTELLECTUAL PROPERTY LAW PROGRAM 

The Intellectual Property Law Institute (I.P.L.I.) was created in 1987 through the efforts of the State Bar of Michigan and the law faculties of The University of Detroit Mercy, Wayne State University, and the University of Windsor. 

Intellectual property is one of the most innovative, exciting, challenging, and rewarding areas of the law. The I.P.L.I. is dedicated to providing basic and advanced legal education and furthering knowledge, scholarship, and research in the law governing the richly diverse fields of intellectual property: patents, copyrights, trademarks, trade secrets and know-how, computers and related technology, communications and media entertainment, technology transfer, trade regulation, and the arts. 

The primary purpose of the I.P.L.I. is to offer an exceptional and rich curriculum for students and lawyers in the field of intellectual property. I.P.L.I. courses have the advantage of sharing the resources of three law s, as well as the experience and expertise of practising members of the Michigan Bar Association. In particular, each course deals with appropriate American and Canadian jurisprudence. 

5.3.7 LAW AWARDS AND FINANCIAL AID 

Numerous awards are available to students entering the Faculty of Law and in-course. The Faculty of Law awards program is administered by the Office of Student Awards under the guidance of the Senate Committee on Student Awards. 

For complete details regarding procedures and regulations, as well as descriptions of individual awards, see "Awards and Financial Aid," section 7. 

5.3.8 SPECIAL LECTURES 

The Access to Justice Lecture Series 

Each year a leading scholar is invited to deliver an original lecture on the theme of "Access to Justice". The lecturer then reworks his or her paper for the purpose of publication in the Windsor Yearbook of Access to Justice. 

The George D. Duck Lecture Series 

A trust fund was established by a donation in memory of George M. Duck in order to institute an annual series of public lectures on the theme "Law in a Changing Society". Annually an eminent scholar will be invited to present the Lecture. It is intended that the lectures will be published following their presentation. 

Bernard Cohn Memorial Lecture in Criminal Law 

A trust has been established by the friends and family of Bernard Cohn, Q.C. to institute an annual series of public lectures on the theme of Criminal Law and Procedure. Each year an eminent judge, practitioner or scholar will be invited to present the lectures. 

Windsor/Wayne Law Forum 

The Faculties of Law from the University of Windsor and Wayne State University in Michigan hold an annual lecture series known as the Windsor/Wayne Law Forum. Two professors, one from each institution, examine a given topic from a Canadian and an American perspective. The public is invited to attend these forums. Some of the topics in the series have been "The Role of the Judiciary in a Democratic Society," "Unions, Employees and the Concept of Fair Representation", and "An Introduction to and a Few Perspectives on the Canadian Charter of Rights and Freedoms". 

Paul Martin Professorship in International Law 
The Paul Martin Endowed Professorship was named for the Hon. Paul Martin, who represented the Windsor area for over thirty-three years, earning distinction in international affairs. The professorship was funded by corporate, private, and government contributions to a campaign launched at the University of Windsor in 1982. The inaugural professor was Secretary-General of the Commonwealth, Sir Shridath Ramphal. The 1990 holder was The Hon. Gough Whitlam, former Prime Minister of Australia. In July, 1993, the Hon. Howard Pawley, P.C., Q.C., LL.D., former Premier of Manitoba, began a five-year term as holder of the Chair. 

5.3.9 LAW SERVICE COURSES 

The Law Faculty offers a number of courses which are available for credit toward university degrees and diplomas other than the full-time LL.B. degree. These courses cannot presently be counted as credit for the LL.B. degree because of Law Society Regulations governing qualification for call to the Ontario Bar. 

99-110. Introduction to Law I—Legal Process in Canada 
An introduction to the legal system in Canada including the sources of Canadian law, the general concepts of constitutional and administrative law, the court structure in Canada, and the place of the law and the courts in the community. 

99-200. Law and Social Issues 
A process-oriented course dealing with a number of current issues such as abortion, obscenity, civil disobedience, hate propaganda, and the protection of privacy. 

99-210. Administrative Law 
A study of delegated legislation, the administrative process, and the methods by which courts control the exercise of discretion by administrative agencies. 

99-211. Labour Law 
A study of the system of collective bargaining in Ontario including the establishment of the collective bargaining relationship, negotiating and enforcing the terms of a collective agreement, arbitration, resort to economic pressure, and special legislation dealing with police, teachers, and government employees. 

99-212. Municipal Law 
The course is designed for students of local government and public officials and others who wish to deepen their knowledge of the legal powers of municipal government and its local boards and commissions. The lectures and discussions with panels of guests will set out the legal and procedural principles of municipal law and attempt to illustrate their application in the everyday life of municipal government. 

99-213. Land Use Planning Law 
An introduction to the legal principles and rules governing the planning process in Ontario; the course will examine the Planning Act and other related statutes and their interpretation by the courts and will focus on substantive and procedural aspects of the law governing the operation of planning boards, committees of adjustment, land division committees, and municipal councils in the exercise of their planning powers and the function of the respective ministers and the Ontario Municipal Board in the planning process. 

99-213. Consumer Law 
The consumer has a variety of rights which arise from the contracts made with traders, repairers, travel agents, hotels, etc., and a study of these rights will form the core of the course. In addition, we shall examine what the consumer can do about misleading advertising, referral sales, and door-to-door sales. Finally the course will cover the various court and other procedures which the consumer may have to use to resolve complaints about defective goods or incompetent services. 

99-215. Administration of Criminal Justice 
This course seeks to provide the student with a basic understanding of some of the fundamental principles of Canadian criminal law and of selected features of the administration of criminal justice in Canada. Topics such as the history and background of the criminal law, the basis of criminal liability, the criminal courts, discretion in the criminal process, and penal policy will be discussed. 

99-216. Labour Arbitration 
This seminar will focus upon the process of dispute settlement under collective agreements viagrievance 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, resources for arbitral decision-making, arbitration procedure, judicial review of arbitration awards, post-arbitration procedures, and selected issues in grievance determination, such as discipline, discharge, seniority, work assignment, job evaluation, sub-contracting, and technological change, will be among topics studied. 

99-217. 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 "half-way houses"; special facilities for female offenders, young offenders, and offenders requiring psychiatric treatment. (This course is also taught in Sociology as 48-366.)