James McGill Professor
3690 Peel Street
Canada H3A 1W9
stephen.smith [at] mcgill.ca (Email)
Professor Stephen Smith, F.R.S.C., teaches and researches common law and civil law obligations and legal theory. A former law clerk to Chief Justice Brian Dickson, Professor Smith taught for a number of years at St. Anne's College, Oxford University. He is the author of Contract Theory (2004), Atiyah’s Introduction to the Law of Contract, 6th ed (2005), and Rights, Wrongs, and Injustices: The Structure of Remedial Law (2019).
In February 2008, Professor Stephen Smith received a Killam Research Fellowship from the Canada Council for the Arts for his project "Court Orders and the Replication, Transformation and Creations of Rights". He was named New Zealand Law Foundation Distinguished Fellow of 2017 and visited all six New Zealand law faculties in the fall of 2017. In 2020, he was elected a fellow of the Royal Society of Canada (Academy of the Social Sciences).
- DPhil (Doctorate), Balliol College, University of Oxford. Thesis title: “The Common Law of Restraint of Trade: A Theoretical Analysis”, 1992
- LLB, University of Toronto, 1987
- BA in Political Science, Queen's University, Kingston, 1981
Academic and professional appointments
- Killam Fellow, 2009-2011
- James McGill Professor, Faculty of Law, McGill University, 2009-present.
- Full Professor, Faculty of Law, McGill University, 2004-present.
- Associate Professor, Faculty of Law, McGill University, 1998-2004.
- Tutor and Senior Fellow in Law, St. Anne's College, Oxford University; granted permanent status (Oxford equivalent of tenure), 1991-1998
- Clerk to the then Chief Justice of the Supreme Court of Canada, the Rt. Hon. Brian Dickson, 1989
Visiting professorships and fellowships
- Fellow, Royal Society of Canada (Academy of the Social Sciences) (elected 2020)
- Robert S Campbell Jr Visiting Fellowship, Magdalen College, Oxford (spring 2019)
- Law and Philosophy Visitorship, Faculty of Law, University of Toronto (fall 2018—spring 2019)
- Herbert Smith Visiting Fellowship, Cambridge University (spring 2018)
- Law Foundation of New Zealand Distinguished Visiting Fellowship (summer 2017)
- TC Beirne School of Law Distinguished Visiting Fellowship, University of Queensland (spring 2015)
- Visiting Professor, University of Texas at Austin, 1998
- Visiting Professor, Faculty of Law, McGill University, 1997
- Visiting Scholar, University of Southern California, winter 1994
Areas of Interest
Private law (especially contract law, tort law, and the law of remedies) and legal theory (especially private law theory).