Tuesday, March 12, 2019

Here are the results of the 2019 Mooting competitions, updated as the information become available:

Davies' Corporate/Securities Law Moot

The University of Toronto won the 2019 Davies' Corporate/Securities Law Moot. This year's moot related to complex securities law issues in the emerging recreational cannabis industry.  The team, consisting of Tom Feore, Daryna Kutsyna, Hesam Wafaei, and Tom Collins went 4-0 in the preliminary rounds, finishing as the top team going into the finals round. They beat Osgoode in the finals to win the entire tournament, with Daryna also finishing as the tournament's top speaker. The team also took home the award for 3rd place factum.

The team was coached by student coaches Chris Puskas, Adil Abdulla, Dylan Marrello, and Shaan Tolani. The mooters received invaluable support from McCarthy Tétrault and in particular from Shane D'Souza, Andrew Matheson, and Simon Cameron.  The team also received instrumental support from Professor Anita Anand. While the coaches are thrilled with the victory, they are not surprised - the team worked exceptionally hard and the victory is well deserved.

The 2019 Davies Moot team: Tom Feore, Daryna Kutsyna, Tom Collins, and Hesam Wafaei
The 2019 Davies Moot team: Tom Feore, Daryna Kutsyna, Tom Collins, and Hesam Wafaei

Kawaskimhon Moot

The Kawaskimhon Moot took place from February 28th to March 3rd in Halifax. The University of Toronto was effectively represented by third year students Zach Biech, Natalie Day, Wanekia (Kia) Dunn, Veronica Guido, and Catherine Ma.  The teams negotiated with other Indigenous and advocate parties regarding the issue of Indigenous child welfare. Specifically, the teams had to consider legal mechanisms to enforce the Crown’s obligations to support equitable and culturally appropriate child welfare services to Indigenous nations, as well as suggest long-term reforms to the child welfare system itself.

The Kawaskimhon Moot is a consensus-based moot, so there are not winners, losers, and individual awards. The teams from the University of Toronto took a leading role and contributed substantially to the ultimate proposals at their tables. Their position papers went to Dr. Cindy Blackstock, informing future litigation and strategies to improve the welfare of Indigenous children.

The team is grateful to Professor Douglas Sanderson, Bryce Edwards (Olthuis Kleer Townshend), and others from OKT Law for providing coaching support.

Harold G. Fox Intellectual Property Moot

Congratulations to Aya Schechner, Dan Poliwoda, Thoby King, and Mehak Kawatra, who competed in and won the Harold G. Fox Intellectual Property Moot on February 22nd and 23rdDan and Aya won Best Respondent Factum and finished first overall. Mehak and Thoby won runner-up for the Best Appellant Factum.

This year’s problem explored the scope of copyright protection for works arising from a natural process, and the overlap between copyright and industrial design. In the finals, Dan and Aya appeared before the Honourable Justice Rowe of the Supreme Court of Canada, the Honourable Justice Gauthier of the Federal Court of Appeal, the Honourable Justice Feldman of the Ontario Court of Appeal, the Honourable Justice Roberts of the Ontario Court of Appeal, and the Honourable Justice Manson of the Federal Court. The bench was very impressed by the oral advocacy skills of the finalists, commenting that they forgot the mooters were students and not lawyers.

The team is tremendously grateful for the support and mentorship provided by Adjunct Moot Advisors, Andy Shaughnessy (Torys) and Dominique Hussey (Bennett Jones), and by student coaches, Jacquelyn Smalley and Arron Chahal.

The 2019 Fox Moot team
The Fox Moot team, L-R: Dan Poliwoda, Aya Schechner, Mehak Kawatra, Thoby King

Arnup Cup

Warm compliments to Kennedy Sampson and Andrew Basso, who showed their trial advocacy skills in the Arnup Cup on February 8th.  The comments they received from the judge and assessors were very positive.  Their cross-examinations were especially effective and the Judge praised them for their skillful and correct use of the witness’ prior inconsistent statements as well as their courtroom manners more generally.  Andrew and Kennedy were coached by Cooper, Sandler and Shime’s Jonathan Shime and Megan Schwartzentruber

Isaac Diversity Moot

This year was another strong year for the Isaac Diversity Moot. The UofT Law team came in second overall, and we took home the best oralist prize. The Respondents (Angela Hou and Josh Foster) made a compelling case for a deferential and principled judicial review of a BCHRT decision - and narrowly lost to McGill Law in the finals. In their comments, the judges highlighted Angela's masterful discussion of intersectionality, and Josh's strong grasp of the relevant law. The Applicants (Kristin Marks and Nargis Fazli) also performed a stirring job with judges commending them on their careful use of the equities, and strength answering the benches' questions. Josh Foster also took home the best oralist for a performance which the bench described as "just excellent."  The team received massive support from student coaches Sol McKenzie, Lynn Tay, Guarav Gopinath, and Tina Cody; and adjunct mooting advisor, MAG’s Joseph Cheng (Justice).  Joseph told us that all of the mooters did a “simply brilliant job this year and the faculty should be proud.”  We are!

Canadian Labour Arbitration Competition

In the Canadian Labour Arbitration Competition, Daniel Moon and Shimon Sherrington argued in two arduous rounds at the Ontario Labour Relations Board on January 26th. The problem this year involved a complicated instance of workplace sexual harassment. Arguing for the employer in the morning and the union in the afternoon, Shimon and Daniel delivered compelling, nuanced arguments regarding how the law ought to define sexual harassment in the post-#metoo era and how employers should conduct impartial workplace investigations.  As well as delivering clear, persuasive submissions on these complex, delicate issues, Daniel and Shimon responded calmly and powerfully to the vigorous questioning they received from the two panels of labour experts they mooted before. In their first round, Shimon and Daniel relied heavily on a case that was decided by one of their panelists. When that panelist revealed some surprising background information about the case, the team seamlessly wove the new facts into their arguments.  Overall, the team's performance was outstanding. Their student coaches, Lily Hassall and Rachel Chan, together with adjunct mooting advisors Maeve Biggar (Caley Wray LLP) and Kathryn Bird (Hicks Morley LLP), loved working with Shimon and Daniel and were deeply impressed by their work ethic and determination.