Erika Chamberlain

Erika Chamberlain

LL.B. (Western University), Ph.D. (Cambridge)

Erika Chamberlain was appointed Dean of Law in May 2017, following five years as Associate Dean (Academic). She graduated as gold medalist from Western Law in 2001 and first joined the Faculty in 2005. Prior to her appointment, she served as law clerk to Mr. Justice Major at the Supreme Court of Canada, and was called to the Bar of Ontario in 2002. She obtained her doctorate from the University of Cambridge, where she held a Cambridge Commonwealth Scholarship, SSHRC Doctoral Fellowship, and the WM Tapp Studentship at Gonville and Caius College.

Chamberlain has authored numerous articles on tort law, with a particular focus on the tort liability of public authorities. She is the author of Misfeasance in a Public Office (2016), co-author of Fridman’s The Law of Torts in Canada, 3d ed. (2010) and Cases and Materials on the Law of Torts, 9th ed. (2015), and a co-editor of Emerging Issues in Tort Law (2007) and Tort Law: Challenging Orthodoxy (2013). Professor Chamberlain is a founding member of Western’s Tort Law Research Group and was a co-organizer of the Sixth Biennial Conference on the Law of Obligations in 2012.

Chamberlain has also published extensively in the field of impaired driving law and alcohol-related civil liability, and has provided research and advocacy to MADD Canada since 1999. Her work in this field has been cited by the Supreme Court of Canada, and has influenced legislative amendments at the federal level and in several Canadian provinces and territories.

Chamberlain has twice been named “Professor of the Year” by the Student Legal Society, and has been named to the USC Teaching Honour Roll three times. She is currently Western’s Academic Colleague to the Council of Ontario Universities, and is a member of the Ontario Universities Council on Quality Assurance. She has also completed 5 full Ironman races.

Phone: 519 661-2111 x80036
Office: LB 231


R. Solomon, E. Chamberlain & M. Vandenberghe, “Canada’s New Cannabis-Related Driving Legislation: The Elusive Quest for an Effective Deterrent” (2018) 23:3 Canadian Criminal Law Review 265-290.

R. Solomon & E. Chamberlain, “The Road to Traffic Safety: Mandatory Breath Screening and Bill C-46” (2018) 23 Canadian Criminal Law Review 1-42.

E. Chamberlain, “Affirmative Duties of Care: A Distinctly Canadian Contribution to the Law of Torts” (2018) 84 Supreme Court Law Review (2d) 101-130.

E. Chamberlain, “Clarifying and Enforcing the Fiduciary Obligations of University Boards of Governors” (2017) 26:2 Education & Law Journal 181.

E. Chamberlain, “Snooping: How Should Damages be Assessed for Harmless Breaches of Privacy?” in Barker, Fairweather & Grantham, eds, Private Law in the 21st Century (Oxford: Hart Publishing, 2017).

E. Chamberlain, “To Serve and Protect Whom? Proximity in Cases of Police Failure to Protect” (2016) 53:4 Alta L Rev 977.

E. Chamberlain, Misfeasance in a Public Office (Toronto: Carswell, 2016).

E. Chamberlain, “When Unlawfulness Becomes Tortious: Misfeasance in a Public Office and Administrative Law” (2015) 44 Advocates’ Quarterly 489.

E. Chamberlain, “Classifying Tort Law Defences: (Why) Does it Matter?” (book review of James Goudkamp, Tort Law Defences, Hart Publishing, 2013) (2015) 56:2 Canadian Business Law Journal 314-23.

E. Chamberlain, “Denial of (De)Mutual Benefits: Case Note on Mandeville v The Manufacturers Life Insurance Company” (2015) 16:2 Business Law International 169-176.

R. Solomon & E. Chamberlain, “Canada’s New Drug-Impaired Driving Law: The Need to Consider Other Approaches” (2014) 15 Traffic Injury Prevention 685-693.

R. Solomon & E. Chamberlain, “Federal Impaired Driving Policy: Moving Beyond Half Measures” (2014) 40:1 Canadian Public Policy 15-30.

E. Chamberlain, "Fiduciary Aspects of Misfeasance in a Public Office" (2014) 39 Queen’s Law Journal 733.

E. Chamberlain, "Lord Buckmaster: The Reluctant Villain in Donoghue v Stevenson" (2013) 3 Juridical Review 245.

E. Chamberlain, R Solomon & A Kus, “Drug-Impaired Driving in Canada: Moving Beyond American Enforcement Models” (2013) 60 Criminal Law Quarterly 238.

SGA Pitel, JW Neyers & E. Chamberlain, eds, Tort Law: Challenging Orthodoxy (Oxford: Hart Publishing, 2013).

E. Chamberlain, "The Crown's Fiduciary Duties to Aboriginal Peoples as an Aspect of Climate Justice" (2012-13) 30 Windsor Yearbook of Access to Justice 289.

E. Chamberlain, "Tort Claims for Failure to Protect: Reasons for (Cautious) Optimism Since Mooney" (2012) 75 Saskatchewan Law Review 245.

E. Chamberlain, “Negligent Investigation: Faint Hope for the Wrongly Accused” (2012) 39 Advocates Quarterly 153.

E. Chamberlain, “Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach?” in D. Nolan & A. Robertson, eds, Rights and Private Law (Oxford: Hart Publishing, 2011).

R. Solomon, E. Chamberlain, et al, “Random Breath Testing: A Canadian Perspective” (2011) 12 Traffic Injury Prevention 111.

R. Solomon, E. Chamberlain & S. Chiodo, “Silence May Not be Golden: A Review of Health Professionals’ Statutory Obligation to Report Unfit Drivers” (2011) 19:2 Health Law Review 5.

G.H.L. Fridman, A. Botterell, E. Chamberlain, J. Neyers & S. Pitel, The Law of Torts in Canada, 3d ed. (Scarborough: Thomson Carswell, 2010).

E. Chamberlain, “What is the Role of Misfeasance in a Public Office in Modern Canadian Tort Law?” (2010) 88 Canadian Bar Review 579.

E. Chamberlain, “Lord Atkin’s Opinion in Donoghue v Stevenson: Perspectives from Biblical Hermeneutics” (2010) 4 Law and Humanities 91

E. Chamberlain & R. Solomon, "Enforcing Impaired Driving Laws Against Hospitalized Drivers:  The Intersection of Healthcare, Patient Confidentiality, and Law Enforcement" (2010) 29 Windsor Review of Legal and Social Issues 45.

E. Chamberlain, "Abdelrazik: Tort Liability for Exercise of Prerogative Powers?" (2010) 18:3 Constitutional Forum 51.

R. Linden  et al., "Antisocial Behaviour and the Automobile" (2010) 36 (Suppl) Canadian Public Policy S81.

R. Purssell, R. Solomon & E. Chamberlain, "Random breath testing: A needed and effective measure to prevent impaired driving fatalities" (2009) 51  British Columbia Medical Journal 446.

E. Chamberlain, "Negligent Investigation: Tort Law as Police Ombudsman" in Andrew Robertson & Tang Hang Wu, eds.,  The Goals of Private Law (Oxford: Hart Publishing, 2009).

E. Chamberlain, "Negligent Investigation: A New Remedy for the Wrongly Accused: Hill v. Hamilton-Wentworth Regional Police Services Board" (2008) 45 Alberta Law Review 1089.

E. Chamberlain & R. Solomon, "Minimizing Impairment-related Youth Traffic Details: The Need for Comprehensive Provincial Action" (2008) 99 Canadian Journal of Public Health 267.

E. Chamberlain & R. Solomon, "Zero blood alcohol concentration limits for drivers under 21: lessons from Canada" (2008) 14 Injury Prevention 123.

R.M. Solomon, M. McInnes, E. Chamberlain & S.G.A. Pitel,  Cases and Materials on the Law of Torts, 7th ed. (Scarborough:  Thomson Carswell, 2007).

E. Chamberlain, "The Need for a ‘Standing’ Rule in Misfeasance in a Public Office" (2008) 7 Oxford University Commonwealth Law Journal 215.

J. Neyers, E. Chamberlain & S.G.A. Pitel, eds.,  Emerging Issues in Tort Law(Oxford: Hart Publishing, 2007).

R. Solomon, E. Chamberlain & S.J. Usprich, "BAC to the Future: Modernizing the Criminal Drinking-Driving Threshold" (2006) 52  Criminal Law Quarterly 35.

"Duty-Free Alcohol Service" (case note on Cole v. South Tweed Heads Rugby League Football Club Ltd. (2004), 78 A.L.J.R. 933 (H.C.A.)) 2004 12 Tort Law Review 121.

E. Chamberlain, "Alcohol Provider Liability in Canada and the United Kingdom: Legal and Cultural Influences" (2004) 33  Common Law World Review 103.

R. Solomon &  E. Chamberlain, "Calculating BACs For Dummies: The Real-World Significance of Canada’s 0.08% Criminal BAC Limit for Driving" (2003) 8  Canadian Criminal Law Review 75.

E. Chamberlain &  R. Solomon, "The Case for a 0.05% Criminal Law Blood Alcohol Concentration Limit for Driving" (2002) 8 (Suppl. III)  Injury Prevention iii1.

E. Chamberlain, "A Classical Perspective on the Modern Workplace: The Aristotelian Conflict in Sexual Harassment Litigation" (2002) 15  Canadian Journal of Law and Jurisprudence 3.

E. Chamberlain &  R. Solomon, "The Tooth Fairy, Santa Claus and the Hard Core Drinking Driver" (2001) 7  Injury Prevention 272.

E. Chamberlain &  R. Solomon, "Misplaced Sympathies: Why Driving Prohibitions are Neither Cruel nor Unusual" (2001) 45  Criminal Law Quarterly 331.