Instructor(s): Lisa Cirillo, Jennifer Fehr

This section of this clinic is for students who can attend in person. In order to safeguard the health and safety of students, there is a possibility that all sections of this class will convert to a remote format for all or part of the term. To enrol in this course all students must meet or exceed the tech requirements for enrolment in University of Toronto courses, which can be found here [https://www.viceprovoststudents.utoronto.ca/students/tech-requirements-online-learning/]

In-Person Participation Requirement:
Participation in a DLS clinical program involves a mix of activities including seminars, research & writing and client work. Some of this work can be done remotely. However, students in this course must be able to attend the clinic, as required, to meet with clients and perform other clinical work. While we anticipate that remote hearings will continue to be the norm for some time, students may also be required to represent clients in live proceedings as courts and tribunals are able to accommodate these.

DLS is committed to ensuring the safety of our staff, students and clients. We will continue to monitor both the provincial and federal health directives on all COVID-19 related matters to ensure we have best practices in place to protect our community. Should you have any questions or concerns about this in-person participation requirement, please contact us at law.dls@utoronto.ca.

Schedule: Weekly seminar (Mondays 5:00-8:00 pm in the first term and Wednesdays 3:30 - 6:30 pm in the second term) plus a mandatory Joint Clinic Professionalism Training on Friday, September 25, 2020.

Enrollment Notes: This course does not require application. Enrollment in all the clinics for credit is limited to upper year students. Exchange Students are not eligible to participate in clinics.

Enrolling in a DLS clinic is a serious commitment. Once enrolment is confirmed, students will require permission from the Faculty to withdraw.

Course Description:
This part-time, full-year clinical education program offers students the opportunity to explore legal principles and social policy issues in an empirical, public interest context. The program challenges students to examine issues with respect to the many intersections of law and social inequality in a critical way, while at the same time allowing them to develop the professional and ethical literacy which is essential to the practice of law. Through their clinical work, individualized tutorials, substantive training sessions and course seminars, students are provided with the chance to test relationships between legal rules and the realities of the justice process, to investigate the complex legal problems and policy issues which affect low income communities, and to develop a conceptual and empirical understanding of public interest lawyering.

Students in the Employment Law & Academic Appeals Clinic will have the opportunity to assist clients in the areas of employment law and academic appeals to university tribunals.  The casework in both areas will include client counselling; case theory formulation; legal research; drafting of pleadings, written submissions, professional correspondence; development of litigation strategy; pre-trial procedures; settlement negotiations; and oral advocacy.

Under the umbrella of employment law, students handle disputes with respect to employment standards, equal treatment in employment, denial of employment insurance benefits, and wrongful dismissal pursuant to the Employment Standards Act, the Ontario Human Rights CodeEmployment Insurance Act and common law. Students conduct mediations and hearings at the Ministry of Labour, the Ontario Labour Relations Board, the Ontario Human Rights Tribunal, Small Claims Court and the Social Security Tribunal.

In the area of academic appeals, students will represent student clients of the University of Toronto, in overturning decisions of the University that the student has not met an academic standard or academic requirement of the University (i.e. failed course, termination from program).  In challenging these decisions, student caseworkers will frequently rely on the Ontario Human Rights Code, internal university policies as well as administrative law principles around procedural fairness. Student caseworkers in this clinic will have the opportunity to represent students at the Division level appeal we well as the Graduate Academic Appeals Board (GAAB) and the Academic Appeals Committee of the Governing Council.

Suggested Pre or Co-Requisites:  Administrative Law.  Students will also find it helpful to have an understanding of basic principles of contracts and employment law.

The program is conducted at Downtown Legal Services, a community legal clinic operated by the Faculty of Law which provides services to low income people in a number of areas of law. In addition to the casework described above, students will participate in weekly education sessions throughout the term. These sessions will include substantive legal training, case rounds and multi-disciplinary seminars. Credit students are also required to participate in the clinic’s community outreach program and to write a series of short reflective papers.

Commitment:
While we strive to make the overall workload of the clinic comparable to a course of similar weight, the clinic involves real case work, with deadlines that are not always within our control. It also involves serious commitments to clients who are dealing with significant legal issues. In this sense, the clinic requires a commitment beyond what is normally expected in an academic seminar. The credit weighting of this course is designed to reflect this additional commitment.

Participation (via online tools whenever permitted) in all seminars and training sessions is mandatory.  In addition to the weekly seminar, students are be required to be in regular contact with the clinic to monitor developments on their files and to commit to a 2-hour weekly “office hours” shift during which time they will be available to receive client calls (these calls can be received remotely). Students should expect that their clinic work will often require additional time over and above this block.

Evaluation
This course is graded on an HH/H/P/LP/F basis. Students will be required to produce regular written work related to their cases, as well as a series of short (4-6 pages) reflective journals, due at fixed intervals during the year. Students will be evaluated on the basis of their clinical (casework and outreach activities) work (60%), their reflective papers (20%) and their attendance and participation in seminars (20%).
Credit note
8 credits (4 credits allocated in each term).
Academic year
2020 - 2021

At a Glance

Both Terms
Credits
8
Hours
3

Enrolment

Maximum
8

8 JD

Schedule

M: 5:00 - 8:00 pm (Fall term)
W: 3:30 - 6:30 pm (Winter term)

Room
655 Spadina Avenue