Brooke MacKenzie

SJD Candidate
Thesis title:
Rethinking lawyers' monopoly: Enhancing access to justice by redefining who (and what) can practise law
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Brooke MacKenzie is a doctoral candidate at the University of Toronto Faculty of Law. Her research focuses on legal ethics and professional regulation, civil procedure, tort law, and civil justice reform. Brooke has a particular interest in how emerging technologies can improve the practice of law and the efficiency and effectiveness of our civil justice system. Her doctoral project engages with whether and how Canadian law societies can embrace artificial intelligence in the provision of legal services to serve unmet legal needs while protecting the public interest.

Brooke is also a practising lawyer at MacKenzie Barristers P.C., where her practice concentrates on issues of professional responsibility and liability as well as civil appeals. Before co-founding MacKenzie Barristers, she practised for three years in the litigation group at McCarthy Tétrault LLP. Brooke has appeared as counsel before the Supreme Court of Canada, Ontario Court of Appeal, Federal Court of Appeal, Ontario Superior Court, and the Federal Court, as well as the Law Society Tribunal and other administrative bodies.

In 2017, Brooke was awarded the OBA Foundation Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism Studies for her research and writing on conflicts of interest, confidentiality obligations, lawyers' duty of loyalty to their clients, and motions for the disqualification of counsel. 

Brooke completed her LL.M. in 2016 at the University of Toronto Faculty of Law. Her Masters' thesis, "Effecting a culture shift: An empirical review of Ontario's summary judgment reforms", was published in the Osgoode Hall Law Journal in 2017, and has since been cited before the Supreme Court of Canada.

Brooke teaches Legal Ethics at Osgoode Hall Law School, and guest lectures at the University of Toronto Faculty of Law and Queen’s University Faculty of Law. She is also regularly invited to speak at continuing professional development events on litigation and professional responsibility issues.

Education
S.J.D. (Candidate), University of Toronto, 2018--
LL.M., University of Toronto, 2016
J.D., Queen's University, 2012
B.A., Queen's University, 2009
Awards and Distinctions
University of Toronto Graduate Fellowship in Law and Innovation (2018)
OBA Foundation Chief Justice of Ontario Fellowship in Legal Ethics and Professionalism Studies (2017-2018)
Mark MacGuigan Prize for Best Oralist, Laskin Moot (2012)
Queen's Faculty of Law Dean's Honour List (2010-2012)
Professional Affiliations
Law Society of Ontario (called to Bar of Ontario in 2013)
Adjunct Faculty, Osgoode Hall Law School
Canadian Bar Association
Advocates' Society
Toronto Lawyers' Association
Canadian Association for Legal Ethics
Selected Publications

​“Common-sense causation: How a robust and pragmatic application of the ‘but for’ test can solve the circular causation problem in cases of multiple contributing tortfeasors”, in Todd L. Archibald, ed., Annual Review of Civil Litigation, 2018 (Toronto: Thomson Reuters, 2018) 468 (co-authored).

"Developments in the Legal Profession: Lizotte, Alberta and Green and the Growing Power of Privilege and Professional Regulators", (2018) 82 Supreme Court Law Review (2d) 71 (reproduced by permission of LexisNexis Canada Inc.).

"Effecting a Culture Shift: An Empirical Review of Ontario's Summary Judgment Reform", (2017) 54:4 Osgoode Hall Law Journal 1275 (peer-reviewed).

Time for courts to go paperless”, Law Times, April 24, 2017.

​​"Shifting blame? Reassessing the tort of inducing breach of contract following A.I. Enterprises", in Todd L. Archibald and Randall Scott Echlin, eds., Annual Review of Civil Litigation, 2016 (Toronto: Thomson Reuters, 2016) 245 (reproduced by permission of Thomson Reuters Canada Limited).

"#Inappropriate: Ramifications of teachers' off-duty social media postings", (2016) 26.1 Education Law Journal 53 (reproduced by permission of Thomson Reuters Canada Limited).

​​"Backpedalling on Charter Damages: Henry v British Columbia (Attorney General)", (2016) 45(3) Advocates' Quarterly 359 (reproduced by permission of Thomson Reuters Canada Limited).

"Developments in Access to Justice: Trial Lawyers' Association of British Columbia and the Supreme Court's use of the Constitution to Protect Public Access to the Courts", (2016) 72 Supreme Court Law Review (2d) 485 (reproduced by permission of LexisNexis Canada Inc.).

"Like a prayer: Administrative law implications of the Supreme Court's freedom of religion decision in Saguenay", (2015) 34(2) Advocates' Journal 42.

"The Not-So-Bright Line Rule: Lingering Questions About Lawyers' Duty to Avoid Conflicting Interests: CN Railway v McKercher", (2014) 42 Advocates' Quarterly 422 (reproduced by permission of Thomson Reuters Canada Limited).

"Better value: Problems with the billable hour and the viability of value-based billing", (2013) 90 Canadian Bar Review 677 (reproduced by permission of the Canadian Bar Review) (peer-reviewed).

"Settling for less: How the Rules of Civil Procedure overlook the public perspective of justice", (2011) 39 Advocates' Quarterly 222 (reproduced by permission of Thomson Reuters Canada Limited).

Research Interests
Economic Analysis of Law
Judicial Decision-Making
Legal Ethics
Legal Process
Tort Law and Tort Theory
Supervisor
Committee Members

Toronto homecoming for renowned law and economics scholar: Meet new faculty member Professor Gillian Hadfield

Wednesday, August 15, 2018
photo of Gillian Hadfield

Global authority on the intersection between law and technology returns to Canada to join a vibrant and thriving powerhouse for AI research and legal tech

By Sheldon Gordon

Gillian Hadfield, a leading scholar and advocate for legal reform and redesign, is the latest pioneering academic to be drawn by Toronto’s growing reputation as an advanced technology hub.

Patrick Garon-Sayegh

SJD Candidate
Thesis title:
Medicine at the Bar: The Coproduction of Law and Medicine in the Courtroom
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

I study how ideas about evidence and fact are mobilized in the context of medico-legal, bioethical and health policy arguments. The main thrust of my research is directed towards building bridges between (i) evidence law and legal scholarship, and (ii) the sociology, history, and philosophy of medical science.  

My doctoral project investigates how legal and scientific arguments—most notably those arising out of the "evidence-based medicine movement"—interact to shape physicians' standard of care. In particular, I am examining how expert witness testimony before the courts can crystallize standards of care that were previously either unarticulated or non-existent. My aim is to draw on the sociology, history, and philosophy of medical science to add theoretical depth to the very practical questions faced by trial lawyers, medical expert witnesses and judges. Examples of these questions are: How do we determine what constitutes appropriate medical care in a specific case? How do we determine what counts as a medical error? How do we move from general observations and general knowledge to specific judgments about a case? 

Education
LLM Bioethics, McGill University
BCL-LLB, McGill University
BA Communication Studies, Concordia University
Awards and Distinctions
University of Toronto Faculty of Law Doctoral Fellowship
McGill Research Group on Health and Law Fellowship
Professional Affiliations
Barreau du Québec
Selected Publications

"On Medicine, Morality, and Justifying Boxing's Legality", Canada Research Chair in Collaborative Culture in Health Law and Policy, 21 December 2018, online  [Peer reviewed].

"Quel avenir pour les soins aux aînés?", Canada Research Chair in Collaborative Culture in Health Law and Policy, 22 September 2018, online  [Peer reviewed].

Examiner le passé pour mieux relever les défis du présent dans le système de santé”, Canada Research Chair in Collaborative Culture in Health Law and Policy, 2 June 2018, online [Peer reviewed].

Research Interests
Civil Law
Health Law
Judicial Decision-Making
Legal Ethics
Legal Process
Supervisor
Committee Members
Alison Thompson, Leslie Dan Faculty of Pharmacy and Dalla Lana School of Public Health

Jean-Christophe Bedard Rubin

Jean-Christophe Bédard Rubin
SJD Candidate
Thesis title:
Imagined Constituencies: Legal Opportunity Structures and the Institutionnalization of Liberal Constitutionalism
Office in Falconer Hall
84 Queen's Park
Toronto, M5S 2C5

Jean-Christophe Bédard-Rubin is an S.J.D. candidate at the University of Toronto and member of the Quebec Bar. His dissertation assesses the impact of the design of judicial institutions on political stability and constitutional cultures in a comparative perspective. He also conducts research in the areas of linguistic rights, empirical analysis of law and law and history. He has presented his work in Canada and the United States in Law faculties, political science and philosophy departments.

Education
LL.M. University of Toronto
LL.B. Laval University
Cert. Philosophy Laval University
Awards and Distinctions
SSHRC Joseph-Armand Bombardier Scholarship 2018-2021 (105 000$)
FRQSC Quebec Government Scholarship 2018-2022 (80 000$) (declined)
Nathan Strauss Q.C. Graduate Fellowship in International Law University of Toronto (2018-2019)
Central European University visiting scholarship (2018)
DAAD (German Academic Exchange Fund) and Goethe University Frankfurt-am-Main scholarship (2018)
W.C.G. Howland Prize for best overall performance in the LL.M. University of Toronto (2016)
Nathan Strauss Q.C. Graduate Fellowship in Canadian Constitutional Law University of Toronto (2015-2016)
Lieutenant-Governor Tribute Laval University (2014)
Dean's Honour List Laval University (2013)
Professional Affiliations
Member of the Quebec Bar
Member of the Canadian Political Science Association
Member of the Quebec Political Science Society
Selected Publications

Jean-Christophe Bédard-Rubin & Tiago Rubin, "Assessing the Impact of Unilingualism at the Supreme Court of Canada", Osgoode Hall Law Journal (Forthcoming)

Jean-Christophe Bédard-Rubin, "Senate Reform and the Political Safeguards of Canadian Federalism", Constitutional Forum (forthcoming)

Research Interests
Canadian Constitutional Law
Comparative Law
Economic Analysis of Law
International Law
Judicial Decision-Making
Law and Globalization
Legal Ethics
Legal History
Legal Process
Legal Theory
Political Philosophy and Theory
Supervisor
Committee Members

The David Asper Centre for Constitutional Rights' Public Interest Litigation Conference

 

The David Asper Centre for Constitutional Rights is a Centre within the University of Toronto, Faculty of Law devoted to advocacy, research and education in the area of constitutional rights in Canada. Since its inception in 2008, the Centre has intervened in several significant Charter litigation cases and has keenly observed the successes and challenges of public interest litigation.

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