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Legal news Roundup - April 18, 2016

Compiled By Mallory Hendry

Every year, dozens of moots are held across Canada with law students debating issues from all areas of law. As the school year draws to a close and students cast back over their accomplishments, moots are sure to be a highlight. Here’s our annual roundup for 2016 — let us know if we’ve missed one.

Bennett Jones Health Law Moot

The annual health-related moot was held in Calgary March 12. For the first time in the six years that the “battle of Alberta” has been held, the University of Alberta beat the University of Calgary. The problem involved an appeal and cross-appeal of an Ontario Court of Appeal decision on whether a duty of care is owed to future children for injuries caused by a physician’s negligence prior to conception.

First: University of Alberta (Deirdre Fleming, Sarah Harvey, Conor Holash, and Tyler McDonough)

Best Oralist: Conor Holash (University of Alberta)

Bora Laskin Moot

This year, the national bilingual moot named for the late Supreme Court of Canada chief justice Bora Laskin was held March 4-5 at the Peter A. Allard School of Law at the University of British Columbia in Vancouver. The problem dealt with government intervention with media coverage of and access to elements of electoral campaigns.

First: McGill University

Second: University of Toronto

Third: Université de Montréal

Fourth: Queen’s University

Best oralist: Wes Hopkin (University of Toronto)

Best factum: Université du Québec à Montréal

Best pair: Thomas Touchie and Myriam Lahmidi (McGill University)

Spirit of the Laskin Award: University of British Columbia

Western University

Canadian Client Consultation Competition

Lan Nguyen and Alex Ciccone were the winners of this year’s competition.

The competition simulates a law office consultation in which two law students, acting as lawyers, are presented with a client matter. This year it was held at Western University Faculty of Law. The winning team moved on to the Louis M. Brown and Forrest S. Mosten International Client Consultation Competition in Windsor in April.

First: Lan Nguyen and Alex Ciccone of the University of Victoria

Chaitons LLP Corporate Restructuring Advocacy Competition

This year, the annual Western University in-house moot was held March 2. The problem centred on an appeal from the decision of the Ontario Court of Appeal in Re Nortel Networks Corporation, which addressed the issue of whether the “interest stops rule” applies in CCAA proceedings.

Best appellant team: Chenyang Li and Matt Aleksic

Best respondent team: Scott Azzopardi and Matthew Klinger

Clinton J. Ford Moot

Marianne Dunn and Robert LaValley, with dean Paul Paton

Teams in the in-house appellate moot for the University of Alberta debated the problem of R. v. Saeed, the appeal of which was heard by the Supreme Court of Canada earlier this year. The case is about whether a warrantless penile swab violated the accused’s s. 8 Charter rights.

First: Marianne Dunn and Robert LaValley (representing the respondent Crown)

Davies’ Annual Corporate/Securities Law Moot

This year, the moot was held March 4-5 and the problem dealt with issues that have often arisen in connection with hostile takeover bids. Of the 13 law schools that competed, the University of Toronto and McGill University faced off in the final round.

First: The University of Toronto (Simon Cameron, Adam Edgerley, Tyler Henderson, and Dov Kagan)

Second: McGill University (Stephen Albers, McLean Ayearst, Emily Hutchison, and Max Zidel)

Third: University of Alberta (Matthew Dolan, Alexandra Dunn, Ashton Menuz, and Daniel Van den Berg)

Best oralist: Dov Kagan (University of Toronto)

Second: Vanessa Locicero (University of Windsor)

Third: Elizabeth Brachaniec (Dalhousie University)

Best factum: University of Toronto

Second: University of Ottawa

Third: Dalhousie University

Donald G. H. Bowman National Tax Moot

In alphabetical order: Colin Bartlett, David Gordon, Jon McDonald,?Stefan Mirkovic, Donald G.H. Bowman

The 2016 moot, named after former chief justice of the Tax Court of Canada Donald G. H. Bowman, took place in Toronto Feb. 26-27. The students argued Guindon v. The Queen.

Best Team: University of Calgary

   

Best Factum

Appellant: University of Alberta

Respondent: University of British Columbia

Best Advocate: Martin Banach (Osgoode Hall Law School)

ELSA Moot Court Competition

Back row, L to R: Riley McIntyre (Queen’s coach), Brandon Chung (team member, Queen’s), Gurpal Sandhu (team member, Queen’s), Nathan Ische (student coach, Queen’s), Devon Luca (team member, Queen’s), Cameron Rempel (team member, Queen’s), José María Portabella (team member, Universidad Francisco Marroquin, Guatemala), Juan José Porras (team member, Universidad Francisco Marroquin, Guatemala), Luis Diaz (team member, Universidad Francisco Marroquin, Guatemala), Valery Oliva (team member, Universidad Francisco Marroquin, Guatemala). Front, L to R: Panelists Altagracia Cuevas-Arthur (co-ordinator for the International Economic Law and Policy LL.M. at the University of Barcelona), Daniel Baker (dispute settlement lawyer at the World Trade Organization), and Torsten Ström (general counsel with the Trade Law Bureau, Government of Canada).

This year, the moot was held at Queen’s University March 2-6. Students from across North and South America come to compete in the area of international trade law.

First: Pontificia Universidad Javeriana

Second: Queen’s University

Best oralist, preliminary: Cristian Torres

Best oralist, semi-finals: Santiago Osorio

Best oralist, final: Santiago Osorio

Best written submission complainant: Universidad del Rosario

Best written submission respondent: Pontificia Universidad Javeriana

Best written submission overall: Pontificia Universidad Javeriana

First-Year Appellate Competition Moot

The annual First Year Advocacy competition took place the week of March 14. The subject of the moot this year was the Supreme Court decision in Fearon, dealing with Charter rights and police searches.

First: Jack Brown

Harold G. Fox Intellectual Property Moot

This moot, named after one of Canada’s leading intellectual property scholars and advocates Harold G. Fox, deals with issues concerning IP laws. This year, the problem involved fictional case Ann Phibian v. The Canadian Frog Association. Sponsored by Dimock Stratton LLP, it was held Feb. 19-20.

First: Stefan Case and Victoria Hale (University of Toronto)

Second: Alicja Puchta and Keton Motta Freeman (Osgoode Hall Law School)

Semi-Finalists: Sam Keen and Shane Thomas (University of Toronto) and Andrew Martinez and Yasir Samad (University of Ottawa)

   

Donald F. Sim Award for best oral advocate: Stefan Case (University of Toronto)

Second: Steve Falkingham (University of Manitoba)

Gordon F. Henderson Award for best factum writers                 

Appellant: Alicja Puchta and Keton Motta Freeman (Osgoode Hall Law School)

Respondent: Stefan Case and Victoria Hale (University of Toronto)

Dimock Stratton LLP award for best mooter in non-graduating year: Stefan Case (University of Toronto)

Hicks Cup

The winning team accepts the cup.

The Hicks Cup requires students to argue constitutional or administrative law issues at an appellate level. The students debated current legal issues from human resource law and administrative law. The aim of the moot is to give all law students the opportunity to develop their oral advocacy skills. This year, it took place April 1 at Hicks Morley’s Toronto offices.

First: Jennifer He and Michael Barrett (Western University)

Hockey Arbitration Competition

This moot, which simulates NHL salary arbitration hearings involving real players’ processes, was held Nov. 7 last year. It aims to give students the opportunity to work on their advocacy skills within a specialized context. The final round dealt with the 2015-16 salary of Edmonton Oilers defenseman Justin Schultz.

First: Brad Morris and Conor O’Muiri (Queen’s University)

Second: Daniel Green and Wesley Gerrie (Syracuse Law)

Julius Alexander Isaac Diversity Moot

Named after the late chief justice of the Federal Court of Appeal — the first black judge to sit on a federal court in Canada — the moot focuses on issues of equity and diversity. This year, the moot was held in Toronto Feb. 12-13 and the problem focused on a judicial review of the decision of the Law Society of Upper Canada in the fictional case of A.B. v. Law Society of Upper Canada.

First: Solange Davis-Ramlochan and Sarah Rostom (University of Toronto)

Best factum: Bethany McKoy and Hannah Shaikh (Osgoode Law School)

Best oralist: Sarah Rostom (University of Toronto)

Kawaskimhon National Aboriginal Law Moot

This year, the annual moot was held March 11-13 at Queen’s University. A total of 17 law schools from across Canada came together in a talking circle format rather than an adversarial process to discuss and negotiate on several issues raised by the Final Report of the Truth and Reconciliation Commission. The moot always focuses on aboriginal issues. There are no rankings in this moot — the goal is for all parties to reach a consensus.

Lenczner Slaght/CBA Gale Cup Moot

Osgoode Hall hosted this bilingual mooting competition Feb. 19-20. From around the country, 20 law schools came to argue a constitutional law case. A three-judge panel heard a mock appeal from a real decision of the Supreme Court of Canada R. v. Nur, which addresses whether a three-year mandatory minimum sentence for possession of a restricted firearm is a violation of Charter rights.

First: Greg Elder and Vallery Bayly (McGill University)

Second: Jocelyn Plant (University of British Columbia)

Third: Bob Bell and Michelle Psutka (University of Ottawa)

Fourth: Sam Alzaman and Matthew Summers (University of Alberta)

Dickson Medals for Exceptional Oralist

Preliminary round: Jocelyn Plant (University of British Columbia) and Adrienne Oake (Queen’s University)

Final round: Michelle Psutka (University of Ottawa)

Peter Cory Factum Prize

First: Bob Bell and Michelle Psutka (respondent team from University of Ottawa)

Second: Joshua Lerner and John Petrella (appellant team from Western University)

Third: David Suk and Eric Hendry (respondent team from McGill University)

Mathews Dinsdale & Clark National Labour Arbitration Competition

Every January, teams from law schools across Canada compete in a simulation of a grievance arbitration hearing based on emergent issues before tri-partite panels. This year, it was held the weekend of Jan. 30 at the Ontario Labour Relations Board. Each year’s problem comes from emergent and contentious labour law issues. For 2016, law students researched and argued the management and union side of a case centred on whether an employer could switch from a defined benefit pension plan to a defined contribution plan, and whether an employer could discipline two employees for picket line conduct.

First: William McLennan and Andrew Mercier (Dalhousie University)

Second: Kaley Duff and Hilary Ingle (University of Toronto)

Ontario Trial Lawyers’ Association Cup

This annual moot is held in a different courthouse every year and presided over by a local judge. This year, it took place  March 5 in Windsor, Ont.

First: Jennifer Cao and Shayla Stein (Queen’s University)

Best opening: Dayna Cook (Windsor University)

Best examination in chief: Laura Lepine (University of Western Ontario)

Best cross examination: Jennifer Cao (Queen’s University)

Best closing: Juliano Pichini (Windsor University)

Best overall advocate: Shayla Stein (Queen’s University)

Oxford International Intellectual Property Moot

Held annually over three days in March, this year, the 14th moot was held March 17-19 at Pembroke College, Oxford. The problem this year dealt with the “ambush marketing” of the Erewhon Community Games.

First: Fred Wu, Laura Macdonald, and Tracey Doyle (University of Ottawa)

Second: Gaurav Bhawnani, Pratiksha Basarkar, and Shridhar Kale (National Law School of India University, Bangalore)

Sir Nicholas Pumfrey Best Individual Mooter

First: Fred Wu (University of Ottawa)

Second: Tracey Doyle (University of Ottawa)

Third: Rebecca Schild (University of Windsor)

Fourth: Krissy DiBenedetto (George Washington University Law School)

Fifth: Kelly Tseng (National University of Singapore)

Walsh Family Law Moot

The moot — named after former justice George Walsh — was held March 12 at Osgoode Hall. It attempts to mirror the high-conflict environment of family law.

First: Lesley Campbell, Mackenzie Falk, Rebecca Hines, and Rebecca Locksley (University of Windsor)

Second: Alicia Landry, Umberto Campella, Stephanie Kolla, Justin Amaral, and Paige Donnelly (Osgoode Hall Law School)

Wilson Moot

The 2016 Wilson Moot, which took place in Toronto Feb. 19-20, promotes justice for people disempowered within the legal system. It takes its name from late Supreme Court of Canada justice Bertha Wilson. This year, the fictional problem focused on issues with access to sex reassignment surgery for transgendered people.

First: University of Toronto

Second: Osgoode Hall Law School

Third: Queen’s University

Best oralist: Adam Cembrowski (University of Alberta)

Second: Andrew Choat (Queens University)

Third: Jason Harley (University of Alberta)

Best written argument: University of Toronto

Second: University of Ottawa

Third: University of Victoria

Sopinka Cup

Held March 11-12 in Ottawa, the annual national trial advocacy competition for Canadian law schools honours the late justice John Sopinka, an outstanding lawyer, teacher, author, and expert in law of evidence. Participants are involved in a jury trial related to criminal law, with a structure more similar to a trial and calling on students’ courtroom advocating skills. This year, the problem centered on R. v. Julie Suzanne Langis.

First: Jonothon Austin and Fraser Genuis (University of Alberta)

Second: Samuel Greene and Malini Vijaykumar (Universtiy of Toronto)

Third: Caroline Humphrey and Marie-Pier Levesque (Université de Moncton)

Regionals

Arnup Cup

This annual qualifying moot is a competition in trial advocacy and set up as a jury trial. The cup is named after justice John D. Arnup, who was one of Canada’s finest litigation counsel for many years before sitting as a distinguished member of the Court of Appeal for Ontario. It is open to Ontario law schools that vie for their spot representing the province in the Sopinka Cup.

First: Samuel Greene and Malini Vijaykumar (University of Toronto)

Second: Ira Glasner and Caitlin Sharawy (Osgoode Hall Law School)

Guy-Guérin Cup

With a focus on criminal law, this bilingual moot is held in Quebec and is a qualifying competition for the Sopinka Cup. This year it took place Feb. 12.

First: Marie-Louise Chabot and Suzanne Zaccour (McGill University)

Best examination: Marie-Louise Chabot (McGill University)

Western/McIntyre Cup

Usask (l to r): Caeli MacPherson, Heather White, Lauren Scharfstein, Patrick Thomson, Ashley Smith (coach)

This moot is the regional competition for western law schools to qualify for the Sopinka Cup. It took place Feb. 5-6 this year.

First: University of British Columbia

Second: University of Alberta

McKelvey Cup

(L to R) Mary Brown, Ria Guidone, Kathryn Piché, and Vin Mishra, the winning teams from Schulich.

This moot is the Atlantic regional competition of the Sopinka Cup. It took place Feb. 12-13 in Moncton, N.B., and the teams debated a criminal charge of criminal negligence causing death.

First: Mary Brown and Ria Guidone (Schulich School of Law, Dalhousie University)

Second: Vin Mishra and Kathryn Piche (Schulich)

Best opening: Ria Guidone (Schulich)

Best direct examination: Kathryn Piche (Schulich)

Best cross-examination: Ria Guidone (Schulich)

Best overall advocate: Ria Guidone (Schulich)

White & Case Canadian National Division Qualifying Tournament

This moot is for all Canadian law schools looking to qualify for the Philip C. Jessup International Law Moot Court Competition. Dealing with a number of international legal issues, this year it was held in Ottawa Feb. 27-28.

First: Daniel Lasko, Spencer Hoffman, Jon Rocheleau, Andrea Mannell, and Stephanie Ridge (University of Calgary)

Second: University of Western Ontario

Philip C. Jessup International Law Moot Court Competition

The Jessup usually takes its moot problem from a controversial issue of public international law. The 2016 moot’s theme was The Case Concerning the Frost Files. It took place in Washington, D.C. March 27-April 2.

First: Universidad de Buenos Aires, Argentina

Second: University of Pennsylvania, United States

Best oralist, final round: Julian Rotenberg (Universidad de Buenos Aires)

  • Addition

    JD JD
    Cassels Brock Cup 2016 (Baby Gale) missing

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