Bilal Manji (3L)
Arnup Cup (Ontario Trial Advocacy Competition) and the Sopinka Cup (National Trial Advocacy Competition)
Team Members: Sam Greene and Malini Vijaykumar.
Coaches: Jonathan Shime and Megan Schwartzentruber (Cooper, Sandler, Shime & Bergman).
Problem: A victim was struck and killed by the accused’s car following a bar fight. At issue was whether the accused’s driving had risen to the level of criminal negligence.
Results: Malini and Sam won the Arnup Cup! That victory sent them to the national trial advocacy competition, the Sopinka Cup, in which they finished second place overall.
Bowman Tax Moot
Team members: Bernard Buschke, Andrew MacLachlan, Roger Smith and Nabeel Thomas.
Coaches: Taylor Cao, Fraser Malcolm, Martha McDonald (Torys), and Al-Nawaz Nanji (Osler).
Problem: Whether a tax advisor who was penalized under subsection 163.2(4) of the Income Tax Act was entitled to procedural protections under section 11 of the Charter.
Results: The team performed very well, with Andrew and Nabeel making it to the finals, appearing before a panel chaired by Justice Stratas of the Federal Court of Appeal, former Chief Justice Don Bowman of the Tax Court of Canada and Associate Chief Justice Lamarre of the Tax Court.
Corporate/Securities Law Moot
Team Members: Simon Cameron, Adam Edgerley, Tyler Henderson and Dov Kagan.
Coaches: Gabe Edelson, Gideon Kwinter, Joe McGrade, Aron Nimani, Professor Anita Anand, Andrew Matheson (McCarthys) and Matthew Cumming (McCarthys).
Problem: The central issues were whether the would-be acquirer in a hostile merger breached their mutual confidentiality agreements, whether the purported breach gave rise to remedies, and whether the responding board was improperly evading the takeover.
Results: U of T won the final, best factum award, and Dov walked away with a top oralist award to complete the sweep (again).
Canadian Labour Arbitration Competition
Team Members: Kaley Duff and Hilary Ingle
Coaches: Hilary Grice, Alex Ognibene and Stephen Shore (Sherrard Kuzz)
Problem: Mooters argued both the management and union side of a case that centred on whether an employer could unilaterally change a Pension Plan from a Defined Benefit Plan to a Defined Contribution Plan, and whether an employer could discipline two employees for picket line conduct.
Results: U of T finished second place overall, after arguing in the Championship Finals in front of a three-member panel that included Supreme Court Justice Thomas Cromwell.
Frank W. Callaghan Memorial Moot
Team Members: Zacharia Al-Khatib, Sam Dukesz, Doug Fenton, Alicia Grant, Madeeha Hashmi, Monica Kozycz, Andrew Mollard, Tegan O’Brien, Brandon Pasternak, Laura Petryshen, Karl Qin, Emma Romano, Graham Rotrand, Kassandra Shortt, Logan St. John Smith, Erika Woolgar and Spencer Bass.
Coaches: Kailey Sutton (Co-Chief Justice), Malini Vijaykumar (Co-Chief Justice), Bettina Xue (Co-Chief Justice), Hilary Brown, Pat Chapman, Natasha Chin, Gledis Rada, Eleanor Vaughan, Serin Remedios and Chris Wong.
Problem: The accused, charged with first degree murder, had made an inculpatory statement to an undercover police officer impersonating a Wiccan priestess. The appeal hinged on whether this statement was subject to common law privilege, and whether the officer’s conduct in impersonating a spiritual advisor was an abuse of process.
Results: Zach and Spencer won the competition as appellants, defeating respondents Graeme and Erika in the final round. Best Appellant factum: Zach and Spencer. Best Respondent Factum: Madeeha and Laura. First place oralist: Zach. Second place oralist: Doug. Third place oralist: Logan.
Gale Cup Moot
Team Members: Ryan Durran, Jessica Evans, Manasvin (Veenu) Goswami and Robert Stellick.
Coaches: Samuel Greene, Ada Keon, Karen Bellinger (Downtown Legal Services) and Michael Dineen (Dawe Dineen).
Problem: The moot involved an appeal of R v Nur (2015 SCC 15), which struck down the three-year mandatory minimum sentence for possession of a loaded or readily loaded restricted or prohibited firearm.
Results: U of T was named the best team not to make the final round.
Harold G. Fox Intellectual Property Moot
Team Members: Stefan Case, Victoria Hale, Sam Keen and Shane Thomas.
Coaches: Rachel Charney, Brett Hughes, Andy Shaughnessy (Torys), and Dominique Hussey (Bennett Jones).
Problem: Whether an artist’s copyright in a line-shaded drawing of a frog had been infringed by a similar looking computer generated image. Mooters also addressed whether an artist has a moral rights claim when a piece of work that infringes their copyright is used in association with a cause that they believe prejudices their honour or reputation.
Results: Stefan and Victoria won the moot in the final round after an all U of T semi-final. Stefan and Victoria appeared before a panel including Justice Côté and retired Justice Rothstein of the Supreme Court of Canada. Stefan and Victoria won best Respondent’s factum, Sam and Shane received honourable mentions as best oralists, and Stefan was named best oral advocate overall. The team’s victory secures them a spot in the Oxford International IP Moot next year.
Julius Alexander Isaac Diversity Moot
Team Members: Solange Davis-Ramlochan, Chetan Muram, Dragana Rakic and Sarah Rostom.
Coaches: Maya Bielinski, Nicole Wilkinson, Joseph Cheng (Department of Justice) and Farah Malik (Ministries of Education and Training, Colleges and Universities).
Problem: A review of a fictional case about a former child soldier who moved to Canada and completed law school. In the “good character” part of her application, A.B. admitted that she had been a member of an illegal organization and the decision upheld denial of her membership by the Law Society because she lacked good character.
Results: The U of T team won and Sarah was named best oralist!
Kawaskimhon National Aboriginal Law Moot
Team Members: Callie Cochrane, Peter Etecott, Niki Hashie, Autumn Johnson, Matthew Malott and Matthew Milne.
Coaches: Bryce Edwards (Olthuis, Kleer, Townshend), Jessica Orkin (Goldblatt Partners) and Promise Holmes Skinner.
Problem: The moot revolved around Truth and Reconciliation Commission’s Calls to Action relating to the United Nations’ Declaration on the Rights of Indigenous Peoples and the implementation of the doctrine of Free, Prior and Informed Consent (FPIC). Acting as counsel for the Native Women’s Association of Canada, the two teams negotiated with both the Federal and Provincial Crowns and other Indigenous groups towards a consensus on the terms of a new Royal Proclamation on Reconciliation.
Results: Both teams were praised by their coaches as having forcefully articulated their client’s perspective. The Kawaskimhon Moot is structured to be a talking circle in which teams represent various interested parties to exchange views and explore whether consensus can be reached. There are no awards given out.
The Laskin Moot
Team Members: Wes Hopkin, Michael Morgenthau, Benjamin Reedijk and Genevieve Ryan.
Coaches: Leanna Katz, Bilal Manji, David Marshall, Rebecca Schwartz, Sarah Corman (McCarthy Tétrault) and William McLarkey (Ministry of the Attorney General).
Problem: A challenge to an administrative decision by the fictional “Committee For Excellence in Electoral Journalism,” which denied a Francophone journalist a press pass to access Federal political party leaders during an election cycle. The problem dealt with civil liability under the Civil Code of Quebec and the availability of Charter damages.
Results: The team finished second place overall, and won awards for second place facta, top oralist (Wes), and third oralist (Michael). Wes and Benjamin argued in the final in front of a panel including alumnus Justice Russell Brown of the Supreme Court of Canada.
Phillip C. Jessup International Law Moot
Team Members: Mannu Chowdhry, Evan Rankin, Kartiga Thavaraj and Bettina Xue.
Coaches: Sarah Stothart, and Daniel Yip, Professor Patrick Macklem and Maureen Whelton (Stevenson Whelton).
Problem: A complex fact pattern that included the legality of covert surveillance, the arbitrary detention of foreign nationals, the admissibility of illegally-obtained evidence before the International Court of Justice, and whether cyber-attacks fall under the UN Charter prohibition of use force.
Results: The U of T team missed making the final round on a close tiebreaker. Kartiga and Mannu won 5th and 9th best overall oralists respectively, and Bettina and Evan won 3rd best respondent memorial (factum).
Walsh Family Law Moot
Team Members: Sandy Lockhart, Ashley Major, Stephanie Ovens and Kimberley Weaver.
Coaches: Rachel Kattapuram, Petra Molnar, Graham Thomson, Professor Carol Rogerson, Martha McCarthy, Sarah Young and Deborah Perkins-Leitman (Martha McCarthy & Company).
Problem: The appeal of a 1992 access case heard by the Ontario Court of Appeal, in which Abella JA (as she then was), terminated the access of a child to her father. The mooters made submissions on issues relating to parental rights, children’s rights and the impact of new legislation on domestic violence.
Results: The judges praised the entire team on their oral advocacy and deep understanding of the issues. Stephanie and Sandy won best appellant factum, and Ashley was named top oralist.
Wilson Moot
Team Members: Sarah Bittman, Winston Gee, Geetha Philipupillai and Giorgio Traini.
Coaches: Deborah Boswell, Chloe Boubalos, Katherine Long, Bradon Willms, Professor Cheryl Milne, Professor Lorraine Weinrib and Joseph Cheng (Department of Justice).
Problem: The case involved section 15 and section 7 Charter challenges to the availability of OHIP for sex reassignment surgery for a transgender claimant.
Results: Another victory for the U of T team! The team also won the prize for first place facta. Winston and Geetha argued in the final round in front of a panel including Justice Abella of the Supreme Court of Canada.
Winkler Class Actions Moot
Team Members: Dillon Collett, Madison Hass, James Jennings and Jordan Stone.
Coaches: Shaanzéh Ataullahjan, Tatiana Emanuel, and Professor Simon Stern.
Problem: Certification for a class action proceeding against four pharmaceutical companies who produced medications designed to treat anxiety brought on by nomophobia (the fear of being without one’s mobile device). Issues included the status of industry claims in Ontario, whether individuals who had not suffered the side effects of nomophobia could be included in the class, the appropriateness of a 90% contingency fee, and what constitutes a sufficient evidentiary basis for certification.
Results: We won the moot (for the first time)! Madison and Dillon won first overall, edging out our defendant team, Jordan and James, in the finals. Madison and Dillon also won the prize for best plaintiff factum. Dillon was named best oralist and James was named third best oralist.
Cassels Brock Cup
Team Members: Brendan Bohn, Misha Boutillier, Ashley Bowron, Tamie Dolny, Catherine Fan, Aidan Fishman, Susan Fridlyand, Gaurav Gopinath, Aaron Haight, Patrick Harris, Bailey Kay, Stephanie Lewis, Rabiya Mansoor, Gurpit Sahot, Ben Shakinovsky, Diane Shnier, Daniel Smith, Kerry Sun, Faye Williams and Jeffrey Wyngaarden.
Coaches: Jessica Evans, Ryan Durran, Veenu Goswami, Robert Stellick and Sarah Stothart,
Problem: The problem was from this year’s Gale Cup, involving an appeal of R v Nur (2015 SCC 15), concerning the constitutionality of mandatory minimum sentences for firearm possession.
Results: U of T bested Osgoode Hall for the third consecutive year! In addition, Tamie and Bailey were recognized as the Top Appellant Team and Ashley and Stephanie tied for Top Respondent Team. Ashley and Catherine won awards for 2nd and 3rd place oralist respectively.
