2024 Mooting Round-Up

BLG Trial Competition

January 30 and February 1
Calgary

The criminal fact pattern featured Cinderella as the complainant and Prince Charming as the defendant. It was an issue of domestic assault, with the possibility of a self-defence argument.  

The civil fact pattern involved Bruce Wayne and Oswald Cobblepot. It was an issue of occupier's liability in the case of a slip-and-fall. Cobblepot slipped and fell into a pool on a property occupied by Bruce Wayne. 

First place (tie)

• Madeline Antony (1L) and Breanna Campbell (1L)
• Matthew Marshall (1L) and Caleb Jemmott (1L) 

Second place

• Charlotte Williams (1L) and Emelia Duguay (2L)

Third place

• Amanda Scherr (1L) and Georgia Coughlan (1L)

Julius Alexander Isaac Moot 

February 1 - 3
Toronto

The Julius Alexander Isaac Moot for the 2023/2024 academic year explored racial discrimination and international borders. It was a fictional appeal of the Supreme Court of Canada’s ruling on the Safe Third Country Agreement (STCA) in Canadian Council for Refugees v. Canada (Citizenship and Immigration) (CCR), to the Diversity High Court of Canada (DHCC).

"This year's competition explored the effects of certain immigration legislation on racialized and other marginalized immigrants, specifically asylum-seekers," said 2L Shana Cesaire. "It was a really special experience seeing as the entire UCalgary team was Black, and this moot is hosted by BLSA Canada. Although we did not make it to the finals, judges and other participants noted that we seemed passionate about the topic. Samer particularly got praise for her passion yet clarity in her oral arguments. It was an amazing experience that will be remembered as a highlight of our time in law school."

"Although we did not make it to the finals, we think it was very successful and we had a great time. We got good feedback from judges as well as coaches and participants from other schools," added Cesaire.

The 2024 Julius Alexander Isaac Moot team

• Amira Tekle, 2L
• Shana Cesaire, 2L
• Osman Abdihalim, 2L
• Samer Mohamed, 2L
• Coach: Arman Chak

Willms & Shier Environmental Law Moot

February 24
Toronto

The Willms & Shier Environmental Law Moot is Canada's first and only national moot court competition devoted to environmental law. 

Its goal is to promote awareness of the growing role of environmental issues in contemporary legal practice and public life, while enhancing law students' written and oral advocacy skills. 

The competition takes the form of an appeal before a Canadian court of last resort, bringing together law students, judges, leadings lawyers and legal academics to explore cutting-edge environmental law issues. The competition is open to teams from all Canadian law faculties. 

Problem: An appeal of the British Columbia Court of Appeal's Decision in Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd. 

Results

• First Place Team: University of Calgary 
• Best Respondents’ Factum: University of Calgary 
• First Place Oralist (nominated by the Championship Judges’ bench): Amanda Cha, 3L

The 2024 Willms & Shier Environmental Law Moot team

• Nicole Achtymichuk, 2L
• Amanda Cha, 3L
• Coaches: Gavin Fitch and and Alex Dingman, JD’22

The Laskin Moot

February 29 - March 2
Calgary

Problem: The fictitious decisions in the matter of Momentum Marketing Inc. v Attorney General of Canada, rendered by the Federal Court and the Federal Court of Appeal.  

“I am seized with an application for judicial review brought by the Applicant, Momentum Marketing Inc. (Momentum), of a decision of the Commissioner for Privacy and Technology (CPT). In their decision, the CPT found that Momentum breached one of the new rules that Parliament established for the use of AI in the commercial sphere, issued an injunctive order against Momentum, and ordered Momentum to pay damages. 

Momentum claims that not only was this decision rendered in contravention of the requirements of procedural fairness, but more fundamentally, that the grant of jurisdiction to the CPT contravenes s. 96 of the Constitution Act, 1867, and the statutory scheme under which the CPT is constituted violates the constitutional division of powers. Momentum further argues that the provision under the statutory scheme limiting the availability of judicial review independently violates s. 96.” 

The 2024 Laskin Moot team

• Megan Goldie, 2L
• Charlotte Kelso, 3L 
• Justin Chia, 2L
• Anna Gagnon, 2L
• Coach: Melissa Burkett

We had a great time and all really improved our oral advocacy.

Bowman Tax Moot

March 1 - 2
Toronto

"It is hard to summarize the experience in just a few words, but the tax moot ended up being the highlight of my law school experience," said 3L McKenzie Martyn. "We met lawyers all over the city and country, practiced written and oral advocacy skills, and got to speak in the Federal Court of Appeal in Toronto. This was such a memorable and fun challenge to take on!"

Problem: The reasons and judgment of the Supreme Court of Canada in Deans Knight Income Corp. v. Canada, 2023 SCC 16 are appealed to the Bowman Moot Court for Tax Appeals. 

The questions in issue on appeal were: 

Question A 

1. Did the majority’s approach to determining the object, spirit and purpose of s. 111(5) fail to account for the central principle: that “the GAAR does not and cannot override Parliament’s specific intent regarding particular provisions of the Act”? 
2. In what way, if any, does a specific anti-avoidance rule affect the application of the GAAR? 

Question B 

1. The majority opinion of the SCC suggests an expansion to the concept of control that is based on a wide array of operational factors (referred to as the notion of “functional equivalence”). Does this approach depart from Parliament’s articulation of a de jure control test for restricting losses under s.111(5), having regard to the object, spirit, and purpose of that provision? Should the SCC’s approach be maintained?
2. Was there an abuse of s.111(5) of the Act? 

The 2024 Bowman Tax Moot team

• Robin Young (Researcher), 2L 
• Matthew Moody, 3L 
• McKenzie Martyn, 3L
• Wen Zhao, 3L 
• Imoreshi Dania, 3L 
• Coaches: Colin Bartlett, JD’16 and Trent Blanchette, JD’17

Western Family Law Negotiation Competition

March 2
Online

UCalgary Law had two teams in the competition, and competed against Thompson Rivers University, University of Alberta and University of Manitoba. The fact pattern was the divorce of a husband and wife with two elementary school-age children and a dog. 

"Over each day of the three days of our moot, we negotiated one issue against different teams," said third-year student Danielle Weiss. "Both of the UCalgary teams represented the husband/dad in this dispute. On day one, we discussed child support for the two children (with the dad working a higher paying job, but also working more hours than the mother), on day two we discussed property division, and day three we negotiated a possible relocation where the mom wanted to move two hours away."

Results

• 3rd place team award: Conor Kopczynski & Danielle Weiss
• Individual award winners: Micaylee Rodyniuk: 1st place; Conor Kopczynski: 3rd place

 The 2024 Western Family Law Negotiation Competition Team

• Conor Kopczynski, 3L
• Jillian Tomimoto, 3L
• Micaylee Rodyniuk, 3L 
• Danielle Weiss, 3L 
• Coach: Jonathan Griffith

Kawaskimhon Aboriginal Circle

March 8 – 10 
Kamloops 

The Kawaskimhon problem concerned the real life issue of the Trans Mountain Expansion project pipeline through Stk’emlúpsemc te Secwépemc Nation (“SSN”) lands near Pípsell, which is ecologically, culturally, and spiritually significant to the Secwépemc people. The UCalgary team sat at two negotiation tables this year: Josh Zablocki (3L) and Megan Wilson (2L) sat at Table 1, representing Blueberry River First Nations, while Tayla Basawa (3L) and Kayla Kreutzer (3L) sat at Table 2, representing Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC). The had the privilege of being coached by David Laidlaw throughout the process, and are all very appreciative of his knowledge and support.  

"I would like to acknowledge the team's unfailing courtesy and professionalism," said coach David Laidlaw. "I would note in  particular Tayla and Kayla that represented CIRNAC - the Government of Canada's representatives. They handled some adversity really well, especially in the first day and that continued through their presentation of their table's Agreement that was reached. I was very proud of how they handled it - both in the negotiations and personally."  

"Josh and Megan, who represented Blueberry First Nation, had an easier time but they succeeded in drafting their table's Agreement. Several of the other teams as well as a Facilitator complemented them on both their Position Papers and negotiating skills," added Laidlaw.  

According to the team, there were several key takeaways from the experience:

• The importance of being tough on positions and not parties.  
• The value of creative problem solving and collaboration.  
• The necessity of sharing your expertise with the negotiation table while simultaneously practicing deep listening and engaging with the expertise of others. 
• The critical skillset of standing your ground to represent client interests, even when this is not in complete alignment with your own beliefs.  
• The benefits of relying on the expertise and support of your mooting coach.

The 2024 Kawaskimhon Aboriginal Circle Team

• Tayla Basawa, 3L 
• Kayla Kreutzer, 3L  
• Megan Wilson, 2L 
• Josh Zablocki, 3L 
• Coach: David Laidlaw, LLM'13

Davies' Corporate Securities Moot 

Toronto 
March 8 - 10 

The case revolved around a legal dispute following the termination of a planned acquisition between Loro Cesare Margaux Houndstooth Inc. (LCMH), a luxury goods conglomerate, and Cunningham & Co. Ltd., a clothing manufacturer. The termination occurred after LCMH decided to exit the agreement, claiming a failure to meet a condition regarding the renewal of a critical license, amidst financial difficulties and shareholder pressure. The dispute centers on allegations of bad faith in exiting the agreement, and the subsequent claim by Cunningham for compensatory damages for the lost shareholder premium resulting from the termination. Additionally, breaches of fiduciary duty by a shared director who leaked confidential information, and whether LCMH is liable under the doctrine of knowing assistance. 

According to the team, the moot played an role in enhancing their understanding of corporate law and developing both written and oral advocacy skills. The team performed exceptionally well in their oral advocacy and written factum.  

The 2024 Davies' Corporate Securities Moot Team

• James Faul, 2L 
• Pavneet Grewal, 3L 
• Semhar Abraha (Researcher), 3L 
• Shazaib Rashid, 3L 
• Robert Rizzuti, 2L 
• Coach: Jason Wang

Alberta Court of Appeal Moot

March 15
Edmonton

The annual competition between the University of Calgary and the University of Alberta took place in Edmonton in 2024. The moot brings together three teams from each school to compete on Civil, Constitutional, and Criminal cases. While the UCalgary Law teams were not victorious, it was a great experience for all involved. 

The 2024 Alberta Court of Appeal Moot Teams

Constitutional

• Shanzay Amjad, 2L 
• Hani Lee, 2L 
• Coach: Robert Moyse, LLB’10

Civil

• Joseph Braun, 2L 
• Sophia Larsen-Rosner, 2L 
• Coach: Chadwick Newcombe, LLB’00

Criminal

• Philip Dunlop, 2L 
• Hardeep Malhi, 2L 
• Coach: Neal Dixon, JD’21

Morrison Family Law Moot 

March 16 
Edmonton 

"We competed in the Morrison Family Law Moot at the University of Alberta on March 16," said second-year student Safaa Al-Khaz'Aly. "Our fact pattern consisted of two issues. The first was with respect to the imputation of income for the purposes of calculating child support. The second was with respect to the unequal division of family property. Throughout our practice rounds, we had the opportunity to meet practitioners and judges who acted as both our practice judges and opposing counsel. This experience allowed us to develop our advocacy skills. Although we were not successful, we had an overall wonderful experience. We had a panel of three judges and received encouraging, positive feedback on our performance. Later that evening, we were hosted by Morrison LLP where our coach, opposing party, members of Morrison LLP and the judges were present to announce the outcome of the Moot and provide awards."  

The 2024 Morrison Family Law Moot Team

• Safaa Al-Khaz'Aly, 2L 
• Pamela Clark, 3L 
• Coach: Melissa Oakley, JD’13

Bennett Jones Health Law Moot 

Edmonton 
March 16 

The Bennett Jones Health Law Moot is an annual competition between the Faculties of Law at the University of Alberta and University of Calgary.   

This year’s problem was an appeal to the Supreme Court of Canada contesting the Ontario Court of Appeal’s dismissal of the Appellant’s claim under Rule 21.01 of the Ontario Rules of Civil Procedure in the case of Florence v Benzaquen, 2021 ONCA 523. The claim was dismissed because the Ontario Court of Appeal decided a physician could not owe a duty of care to a pre-conception fetus.

Results

• UCalgary Law was victorious in the 2024 competition, with second-year student Kyrra Rauch taking home the prize of top oralist for the University of Calgary.

The 2024 Bennett Jones Health Law Moot Team

• Ben Szalay-Anderson, 3L 
• Isaac McNeil, 2L 
• Kyrra Rauch, 2L 
• Thomas Nguyen, 2L 
• Coaches: Adam Williams, JD’20, Jason Arnason, JD’20, Heather Cattell, JD’23

Adam Fanaki Moot 

March 22-23 
Toronto 

The Adam F. Fanaki Competition Law Moot is organized by the Competition Bureau, the Competition Tribunal and the Canadian Bar Association. This annual event gives Canadian law students the chance to tackle timely, complex civil or criminal issues in a growing field of law that strives to balance private economic incentives with the public interest. Participants have the opportunity to obtain feedback from top law enforcers, judges and specialist practitioners in an intimate setting. This event is also a valuable networking opportunity for anyone interested by a career in law.

This years moot was about a merger between two dating application companies. An appeal from a decision of the Competition Tribunal on the application of the Commissioner of Competition pursuant to section 92 of the Competition Act, RSC 1985, c C-43, as amended. The Appellant sought an order directing Find Your Robin Inc not to proceed with its proposed acquisition of Penguin Ltd which contestably included a divestiture of an algorithm source code to Riddler an upstart dating application. The Commissioner asserted the Order was necessary to resolve the substantial lessening or prevention of competition  that the Commissioner asserts is otherwise likely to result from the Merger (the “92 Application”). 

The issues in this appeal were are as follows: 

1. Whether the Tribunal was correct to assess the Merger without the Divestiture. 
2. Whether the Tribunal erred in its allocation of the burden of proof.
3. Whether the Tribunal erred in finding that the Penguin’s expansion to other markets was unlikely.
4. Whether the Tribunal was correct in finding that the Merger will result in a Substantial Lessening of Competition (“SLC”) in the Toronto market.

The team presented submissions in front of esteemed member of the Competition bar, former justices of the Superior Court, and the Supreme Court, among other practitioners and economists, all of whom provided invaluable feedback and advice throughout the weekend. This included networking events with students from across eastern Canada and members of the Competition Bar which provided an additional opportunity to learn more about the practice area. 

The Adam F. Fanaki  Competition Law Moot was a fantastic experience from start to finish. We were introduced to a new area of law that we otherwise would not have been exposed to at UCalgary Law, for that we thank Osler, Hoskin & Harcourt LLP for providing us with knowledgeable coaches and the Competition Bureau for heading the moot and surrounding events. 

The 2024 Adam Fanaki Moot Team

• Céline Sénécal, 2L
• Paige Thomas, 3L 
• Dylan Sigurdson, 3L 
• Shahzaib Farooq, 2L 
• Coach: Kaeleigh Kuzma

Michel-Bastarache Moot Court Competition 

March 22-24
Ottawa

Held annually at the University of Ottawa, the Competition enables students from faculties across the country to acquire advanced skills in French oral arguments, while enhancing their training in language rights. 

Named after the Honourable Michel Bastarache, one of Canada's foremost jurists, defender of language rights and former justice of the Supreme Court of Canada, the competition is one of the most prestigious events for French-speaking law students in the country. 

Participating teams included the University of Calgary, the University of Saskatchewan, the University of Manitoba, McGill University, the Université de Moncton and the University of Ottawa, Common Law Section. 

The problem was on language rights and based on a decision released recently in Quebec that dealt with the scope of the right of management and control guaranteed under section 23 of the Charter. 

The UCalgary team made it to the final rounds and got the chance to present before Justice Bastarache (Supreme Court of Canada Justice from 1997-2008), the Honorable Constance Hunt (Alberta Court of Appeal Justice from 1995-2014), and the Honorable Julie Thorburn (current justice of the Ontario Court of Appeal).

Results

• Matthew Gray, third-year and CCLF student, won best oralist
• The combined UCalgary/USask team won the Bastarache Prize, awarded to the team that best exemplifies the spirit of fair play, dedication to French and camaraderie among colleagues that the Michel-Bastarache Moot Court Competition represents. This team is chosen by their colleagues from other faculties. 

The 2024 Michel-Bastarache Moot Court Competition Team

• Matthew Gray, 3L
• Mikel Gega, 3L
• Coach: Caroline Magnan

Willem C. Vis Moot 

March 22-28 
Vienna

This year the Vis Moot concerned the rights and obligations of international companies in the face of a cyberattack. It was also about balancing parties’ choice in an arbitration, and the rules the arbitration is subject to. The team participated in pre-moots during the semester and mooted four times during the general rounds in Vienna. 

We had a lot of fun working together and learning a lot over the year thanks to our wonderful coaches, Dr. Whitsitt and Julie Hopkins, who dedicated countless hours to us. Even though we didn't make it past general rounds, this team is a winner in my heart. (Danielle Bazinet)

The 2024 Willem C. Vis Moot Team

• Xaviere Schneider, 3L
• Danielle Bazinet, 2L 
• Nana Asante, 3L
• Lena Clayton, 2L
• Bailey Collins, 3L
• Coach: Julie Hopkins

William McGillivray Moot Competition 

March 28
Calgary

Problem: This is an appeal from the decision in Marida-Moron v. Denial Assurance Co., [2024] AJ No ABC (ABQB). A copy of the case is attached. Leave to appeal to the Court of Appeal of NewAlta has been granted on the following two issues: 

1. Was the trial judge correct that Mr. Moron’s death arose out of the use or operation of the motor vehicle? 
2. Was the trial judge correct that Mr. Moron’s death was not accidental within the meaning of the FIL policy and that Mr. Moron “courted the risk”? 

The parties have agreed that the Estate will receive an undisclosed sum if the Court determines that Mr. Moron’s death arose out of the use or operation of the motor vehicle. As a result, issues of damages and apportionment of fault are not to be addressed in this appeal. 

Results

• Winners: Claire Han, 2L and Mara Stirling, 2L (the appellants) 
• Top Oralists: Claire Han (5), Raye Willms, 2L (4), Nadia Tarrabain, 1L (3), Yuvraj Singh, 1L (2), Rob McLeod, 1L (1)