Queen’s LAW REPORTS 2015 Celebrate! New awards, new winners and new triumphs for Queen’s Law Artificial Intelligence Leafs vs. Canucks Will it cut or create law jobs? NHL lawyers score dream jobs DEAN’S MESSAGE s I write this, Macdonald DEAN’S COUNCIL MEMBERS Hall is undergoing three A (2014-2015) kinds of transformation: human, physical and digital. Sheila A. Murray, Law’82 (Com’79) Chair On the human side, I just welcomed our new group of Executive VP, General Counsel and Secretary first-years, fresh from their CI Financial Corp. undergraduate degrees and Stephen P. Sigurdson, Law’84 eager to begin their training Vice-Chair in law, along with a remark- Executive VP and General Counsel Canada ably strong group of gradu- Manulife Financial ate students. We have also David Allgood, Law’74 (Arts’70) welcomed two new faculty Past Chair members, Professors Lisa Counsel Kerr and Jacob Weinrib, Dentons Canada LLP and are reviewing a Betty DelBianco, Law’84 dazzling array of candidates Executive VP, Chief Legal & Administrative for three new tenure-stream Officer positions and for the new Celestica Inc. Allgood Professorship in Janet Fuhrer, Law’85 Business Law. Partner Our physical transforma- Ridout & Maybee LLP tion is equally evident. We are transforming the Peter Griffin, Law’77 ground floor of the Managing Partner, Toronto Office Lederman Library into a Lenczner Slaght Royce Smith Griffin LLP state-of-the-art Learning Thomas A. Houston, Law’78 (Com’75) Commons for our students, Partner a $1.7-million project that Dentons Canada LLP will reimagine how our Claire M.C. Kennedy, Law’94 students collaborate and Partner learn. We look forward to CLARK BERNARD Bennett Jones LLP cutting the ribbon on this Gerard Kennedy, Law’10 new space. We are also refitting the space formerly occupied by Queen’s Legal Queen’s Associate Aid, now relocated to our new Law Clinics in downtown Kingston. This Osler, Hoskin & Harcourt LLP renovated space will become a new staff hub for our Interactive Technology and Communications group. Even the top floor of Macdonald Hall, which houses the Kelley McKinnon, Law’88 (Artsci’85) faculty offices, has received a facelift, with new paint and various renovations. Partner Gowling Lafleur Henderson LLP We’re transforming in the digital sphere as well. Our flagship undergraduate law course, law-201 (Introduction to Canadian Law), was offered online for the Leslie A. O’Donoghue, QC, Law’88 first time over the summer. It was a smashing success with its students. We are Corporate Development & Strategy and currently exploring options to expand the kinds of legal education we can pro- Chief Risk Officer vide to the public, both in-person and online. Agrium Inc. Even this magazine is transforming. Next spring you will see an earlier-than- James M. Parks, Law’71 ever 2016 Queen’s Law Reports, to be followed by a separate Supporting Excellence Counsel magazine in late 2016, bundled with the Queen’s Alumni Review. Gardiner Roberts LLP All of this is happening in the context of our Strategic Framework 2014-2019, Michael A. Smith, Law’90 now in its second year of implementation, with all goals being met or exceeded Partner to date. Baker & McKenzie LLP None of this would be possible without the support of our alumni – a R. Paul Steep, Law’80 (Artsci’77) community of graduates who never fail to amaze me with their dedication, Partner generosity and commitment to our school’s future. McCarthy Tétrault LLP Frank E. Walwyn, Law’93 Partner Dean Bill Flanagan WeirFoulds LLP Queen’s University Faculty of Law Alan Whyte, Law’79 (Artsci’76) Partner Cunningham, Swan, Carty, Little & Bonham LLP CONTENTS LAW REPORTS COVER STORY 25 Reasons to Queen’s Law Reports is Celebrate published annually by This year, new awards QUEEN’S FACULTY OF LAW mark alumni excellence MARKETING AND COMMUNICATIONS – in public service, Matt Shepherd, Director distinguished service and Macdonald Hall outstanding promise – Queen’s University and commemorate key Kingston ON Canada K7L 3N6 figures in the history of law.queensu.ca Queen’s Law. BY LISA GRAHAM BLACK GREG Editor Lisa Graham, Com’88, Artsci’92, MPA’08 Manager of Records, Registration and Communications Tel: 613.533.6000, ext. 74259 Fax: 613.533.6611 Email: [email protected] Contributing Editor Catherine M. Perkins, Arts’58 Contributors Trish Appleyard, MIR’06/Law’09 Georgie Binks, Artsci’75 Dianne Butler Ken Cuthbertson, Arts’74, Law’83 Manoj Dias-Abey Mark Kerr Kirsteen MacLeod JEFF VINNICK JEFF Amber Oomen BIELASKI JONATHAN FEATURES Design + Production Queen’s Creative Services 16 Alumni Spotlight: Leafs vs. Canucks Designer: Larry Harris Emilie Nicholas, Law’09, and Chris Gear, Law’98, have scored dream jobs for sports-loving lawyers – and both in the nhl. BY GEORGIE BINKS 20 Roundtable: FACULTY PROFILE Artificial Intelligence 9 David Mullan, LLM’73, LLD’15 Professor Art Cockfield, Law’93, and ALUMNI PROFILE four alumni with different perspectives discuss how super-fast computers that 14 Frank Walwyn, Law’93 can simulate human intelligence and decision-making will affect the legal DEPARTMENTS profession in the next decade. 2 SCHOOL NEWS 8 SPRING CONVOCATION 12 FACULTY NEWS 24 ALUMNI EVENTS On the cover 30 IN MEMORIAM The new Queen’s Law Alumni Awards are With tribute to Professor spherical paperweights of hand-blown glass crafted by Kingston Glass Studio & Gallery. Stan Corbett, LLB’95 The name of each award and its winner is 32 SUPPORTING EXCELLENCE etched into the bottom. and Honour Roll of Donors PHOTO BY GREG BLACK 43 ALUMNI FOCUS WWW.I2IART.COM 52 ALUMNI NOTES CARL WIENS / SCHOOL NEWS Professor Cockfield shares national tax writing prize When it comes to receiving the mately stepped back.” The case, how- Canadian Tax Foundation’s Douglas ever, propelled retroactive taxation J. Sherbaniuk Distinguished Writing into a higher profile in national taxa- Award, Professor Art Cockfield, Law’93, tion discussion, and the paper went on is proud of both the victory – and its to win the Sherbaniuk award. implications. By examining the potential conflict His winning paper, “Rectifying Tax between provincial and federal govern- Mistakes versus Retroactive Taxes: ments as regards property rights and Reconciling Competing Visions of the retroactive tax legislation, the writers Rule of Law,” appeared in the Canadian explore how “fairness” comes into play Tax Journal (vol. 61). It’s a collaboration when retroactive legislation impacts with Catherine Brown of the Univer- taxpayers’ prior planning. sity of Calgary’s Faculty of Law, first “People generally expect that laws conceived when Cockfield visited her will be prospective, looking forward, in California in 2012. and not retroactive,” Cockfield ex- “We were discussing retroactive plains. “Retroactivity is used by govern- taxation,” he says, “and thought it was ments to do things like close loopholes Professor Mary-Jo Maur, Law’85, LLM’93 fascinating that provincial courts are and reach back to amend the results effectively acting differently from of the loopholes, but on an individual federal courts. There’s a legal puzzle level, fairness comes into question. Alumna’s popular posed by the federal-provincial differ- A person can look at the law, deploy ence of vision when it comes to things r esources and time, but then have the online intro to law like prospectivity and retroactivity and government say, ‘Well, it was legal the rule of law.” when you did it, but now we are reach- will soon extend Initially written and presented for a ing backwards in time to punish you.’” conference at Cornell University Law Cockfield and Brown hope their across Ontario School, this paper on what Cockfield article may play a role in addressing For the past two years, Queen’s under- calls a normally “obscure topic” drew these issues. “Part of why we wrote it graduate students have jumped at the more attention because it grew out of is because there’s a lot of litigation chance to take the fall-winter course then-current events in Canada. “As we underw ay in which provincial courts law-201 (Introduction to the Study were writing this, the pq in Quebec are using their own equitable powers of Canadian Law), taught by Queen’s drafted retroactive legislation on high- of rectification,” he says. “I hope that Law professors. This summer, the income earners,” he explains. “It was so this prize implies that our article can course was offered online for the controversial that the government ulti- play a productive role in this.” first time. In January, thanks to an – MATT SHEPHERD agreement with the Ontario Online Institute, it will become the only law course offered, for credit, to an even wider audience: students attending any Ontario university – no Letter of Permission or complicated inter- university negotiations required. Professor Mary-Jo Maur, Law’85, LLM’93, director of the online course, was not surprised that all 95 spots for the 2015 summer term were snatched up in only four days. “Know- ing something about the law is essen- tial to becoming engaged in the big discussions going on in Canada right now,” she says. Like the on-campus course that blends classroom and web-based com- ponents, the online version covers the major subject areas – constitutional Professors Art Cockfield (Queen’s) and Catherine Brown (Calgary) received the Sherbaniuk law, criminal law, family law, torts, Award at a conference for tax lawyers and professionals held in Vancouver. contracts and business law – as well as 2 QUEEN’S LAW REPORTS such aspects of the legal profession as esting. And as instructors, we stepped “The online learning format is ethics and legal reading and writing outside the box to present the course actually a very appealing way to learn,” skills.