Tanya J. Monestier

Photo of Tanya J. Monestier
Tanya J. MonestierDistinguished Research Professor of LawDistinguished Teaching Professor of Law

Education

LL.M., Cambridge University 
LL.B., Osgoode Hall 
B.A., York University

After graduating first in her class from Osgoode Hall, one of Canada’s top law schools, Professor Tanya Monestier clerked for the Honourable Justice Frank Iacobucci of the Supreme Court of Canada. Subsequently, she earned her LL.M. with First Class Honours from the University of Cambridge, where she was both a Commonwealth Scholar and a Mackenzie King Travelling Scholar.

Professor Monestier was a visiting professor at Queen’s University where she taught Conflict of Laws, Commercial Law and Civil Procedure. She won the Queen’s Law Students’ Society Award for Excellence in Teaching in 2009. Professor Monestier’s academic articles on personal jurisdiction have been cited by numerous courts across Canada, including the Supreme Court of Canada, the Ontario Court of Appeal and the British Columbia Court of Appeal.  Her article,  “A 'Real and Substantial' Mess: The Law of Jurisdiction in Canada,” was selected for inclusion in Jurisdiction and Private International Law, a two-volume compilation of the leading academic work on personal jurisdiction in the common law world.

Professor Monestier previously worked as in-house counsel for the U.S. pharmaceutical company Purdue Pharma, specializing in product liability litigation. Professor Monestier teaches Contracts, Sales, Conflict of Laws, and Class Actions at RWU.

Articles

Forum Selection Clauses and Consumer Contracts in Canada, 36 Boston University International Law Journal 177 (2018)

You’re It! Tag Jurisdiction Over Corporations in Canada, 50 Vanderbilt Journal of Transnational Law 583 (2017)

Whose Law of Personal Jurisdiction? The Choice of Law Problem in the Recognition of Foreign Judgments, 96 Boston University Law Review 1729 (2016)

Registration Statutes, General Jurisdiction, and the Fallacy of Consent, 36 Cardozo Law Review 1343 (2015)

Book Review, Cross-Border Torts: Canadian-US Litigation Strategies by Wyatt Pickett, 51 Canadian Yearbook of International Law 644 (2013)

Where is Home Depot "At Home"? Daimler v. Bauman and the End of Doing Business Jurisdiction, 66 Hastings Law Journal 233 (2014)

Jurisdiction and the Enforcement of Foreign Judgments, 42 The Advocates' Quarterly 107 (2013)

(Still) A “Real and Substantial” Mess: The Law of Jurisdiction in Canada, 36 Fordham International Law Journal 396 (2013)

Is Canada the New Shangri-La of Global Securities Class Actions?, 32 Northwestern Journal of International Law & Business 305 (2012)

Transnational Class Actions and the Illusory Search for Res Judicata, 86 Tulane Law Review 1 (2011)

A 'Real and Substantial' Improvement?: Van Breda Reformulates the Law of Jurisdiction in Ontario, 2010 Annual Review of Civil Litigation 185

Personal Jurisdiction Over Non-Resident Class Members: Have We Gone Down the Wrong Road? 45 Texas International Law Journal 537 (2010)

Lépine v. Canada Post: Ironing Out the Wrinkles in the Inter-provincial Enforcement of Class Judgments,34 The Advocates' Quarterly 499 (2008)

A 'Real and Substantial' Mess: The Law of Jurisdiction in Canada, 33 Queen's Law Journal 179 (2007)

Foreign Judgments At Common Law: Rethinking the Enforcement Rules, 28 Dalhousie Law Journal 163 (2005)

Nothing Comes of Nothing...Or Does it?  A Critical Re-Examination of the Doctrine of Separability in American Arbitration, 12 American Review of International Arbitration 223 (2001)

A Win-Win Proposition: The Viability of a Rule 23(B)(1)(b) Class Action in the American Mass Tort Context, published as part of the conference materials for the Canadian National Symposium on Class Actions, Osgoode Hall Professional Development Program, Sept. 2002; an abridged version of the article was published in Class Action Vol. I, No. 3, (2002)

Courses Taught

LAW.737Conflicts of Law

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Course Description

Callie from California and Max from Massachusetts get into a car accident with each other in the parking lot of Disney World (Florida). Max returns home to Massachusetts and sues Callie and Disney World in Massachusetts state court. Does the Massachusetts court have jurisdiction over Callie and/or Disney World? If so, what law would a Massachusetts court apply to the dispute – Massachusetts law? California law? Florida law? If Max obtains judgment against Callie and Disney World, are these judgments enforceable in California and Florida? If Callie moves to France and obtains a declaratory judgment there that she is not liable to Max for the car accident, would this French judgment be recognized by a Massachusetts court to preclude Max’s lawsuit? These are the questions to be explored in this Conflict of Laws course. The course will focus on three broad questions: 1. Jurisdiction: When does a court have jurisdiction over a dispute? 2. Choice of Law: What law will a court apply to a dispute? 3. Enforcement of Judgments: When will a judgment from a foreign court (U.S. state or foreign country) be recognized and/or enforced? The approach taken is a mix between academic and practical. The ultimate goal is to have students not only understand the doctrines that comprise the conflict of laws, but be able to apply and manipulate them to achieve a desired result.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LSM.856 (Honors Course)Contract Law Practicum

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HONORS COURSE

This course will meet for six weeks.

Course Description

This Honors course is centered around a real-life breach of contract problem involving “Dr. B.” Dr. B entered into a recruitment agreement with a Hospital in Florida, whereby he would serve as the hospital’s ENT (ear, nose and throat) doctor. As part of the recruitment agreement, Dr. B accepted a “loan” from the hospital (or an advance on his salary) in the amount of approximately $140,000. The loan was contingent upon Dr. B staying with the hospital for 3 years. Dr. B left the hospital after 2.5 years and did not repay any amounts advanced to him. Two years after leaving the hospital, the hospital is now demanding repayment. This course will focus on developing the skills to help Dr. B with his legal issues. The course will involve fact-gathering, identifying and researching factual and legal issues, communicating with the client and with the senior partner, making concrete recommendations to Dr. B on what he should do, critically evaluating the case for Dr. B and for the senior partner, assessing the benefits and drawbacks to various courses of action, communicating with opposing counsel, etc. This will not be a traditional course. Rather, it is designed as a practicum which will enable students to develop and practice the skills that they will need to respond to real-life contracts disputes. Students will be evaluated based on a series of assignments (e.g. drafting a memo to the senior partner, writing a letter to the client, writing to opposing counsel, etc.), and based on their interactions with the client and with the senior partner.

Course Type See Course Type Descriptions

Seminar

Course Credits

1.0

Course Degree

Juris Doctor

Faculty Associated

Tanya J. Monestier

LAW.604Contracts I

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Course Description

This two-semester course provides an introduction to the law of agreements. Topics include contract formation, the doctrine of consideration and its substitutes, the Statute of Frauds, contract regulation, the parole evidence rule, interpretation, performance and breach, conditions, anticipatory breach, remedies for breach, specific performance, damages, restitution and impracticability and frustration. Both the common law and the Uniform Commercial Code are emphasized. The rights and duties of non-parties are covered to the extent possible.

Course Type See Course Type Descriptions

Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LAW.605Contracts II

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Course Description

This two-semester course provides an introduction to the law of agreements. Topics include contract formation, the doctrine of consideration and its substitutes, the Statute of Frauds, contract regulation, the parole evidence rule, interpretation, performance and breach, conditions, anticipatory breach, remedies for breach, specific performance, damages, restitution and impracticability and frustration. Both the common law and the Uniform Commercial Code are emphasized. The rights and duties of non-parties are covered to the extent possible.

Course Type See Course Type Descriptions

Core Course

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

Prerequisite

LAW.604 – Contracts I

LAW.652Sales

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Course Description

This course provides an introduction to the law related to the sale of goods (moveable personal property) under Article 2 of the Uniform Commercial Code ("UCC"). Topics to be covered include: formation, terms, performance, risk of loss, express and implied warranties, disclaimers, breach, and remedies of the aggrieved buyer and seller. The course assumes familiarity with basic contract principles, though core concepts will be reviewed.

Course Type See Course Type Descriptions

Elective

Course Credits

3.0

Course Degree

Juris DoctorMaster of Studies in Law

LSM.737Selected Issues in Conflicts of Laws

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Course Description

Callie from California and Max from Massachusetts get into a car accident with each other in the parking lot of Disney World (Florida). Max returns home to Massachusetts and sues Callie and Disney World in Massachusetts state court. Does the Massachusetts court have jurisdiction over Callie and/or Disney World? If so, what law would a Massachusetts court apply to the dispute – Massachusetts law? California law? Florida law? If Max obtains judgment against Callie and Disney World, are these judgments enforceable in California and Florida? If Callie moves to France and obtains a declaratory judgment there that she is not liable to Max for the car accident, would this French judgment be recognized by a Massachusetts court to preclude Max’s lawsuit? These are the questions to be explored in this Conflict of Laws seminar. The seminar will focus

Course Type See Course Type Descriptions

Seminar

Course Credits

2.0

Course Degree

Juris DoctorMaster of Studies in Law

Faculty Associated

Tanya J. Monestier
Close Course Type Descriptions

Course Types

We have classified RWU Law classes under the following headers. One of the following course types will be attached to each course which will allow students to narrow down their search while looking for classes.

Core Course

Students in the first and second year are required to take classes covering the following aspects of the law—contracts, torts, property, criminal law, civil procedure, and constitutional law, evidence, and professional responsibility.  Along with these aspects, the core curriculum will develop legal reasoning skills.

Elective

After finishing the core curriculum the remaining coursework toward the degree is completed through upper level elective courses.  Students can choose courses that peak their interests or courses that go along with the track they are following.

Seminar

Seminars are classes where teachers and small groups of students focus on a specific topic and the students complete a substantial research paper.

Clinics/Externships

Inhouse Clinics and Clinical Externships legal education is law school training in which students participate in client representation under the supervision of a practicing attorney or law professor.  RWU Law's Clinical Programs offer unique and effective learning opportunities and the opportunity for practical experience while still in law school.