Osler Corporate and Securities Law Moot Selects Queen's National Team

Photo Credit: Elle Morris

Participants in the 2006 Osler Corporate and Securities Law Moot: (back row) Matthew Carroll, Jeffrey Love, Christopher Slade, Jennifer Stewart, Jeffrey Fung; (front row) Ora Wexler, Michael Blinick, Fergal Murphy.

Several courtrooms in the Frontenac County Courthouse were a mass of energy and excitement on Saturday, October 28^th, 2006. Whispers of securities law, material changes and the business judgment rule were heard around the building, as law students prepared for their part in the Osler Corporate and Securities Law Moot at Queen's.

This annual moot, sponsored by Osler, Hoskin & Harcourt LLP, provides an intense but enjoyable learning experience for Queen's Law students. Upper year students participate as mooters, while first year and graduate students assist in various capacities. The competition pairs up two students representing the Appellant in a Supreme Court of Canada appeal against two students representing the Respondent. In the morning, arguments were made before panels of experienced corporate and securities law practitioners*. The top eight mooters from the morning rounds (based both on their factum and their advocacy skills) advanced to the afternoon rounds before a bench comprised of Justice Kathryn N. Feldman of the Court of Appeal for Ontario, Mark Gelowitz of Osler, Hoskin & Harcourt LLP and David Stratas of Heenan Blaikie LLP. Five winners were selected, and they become the Queen's team for the national Canadian Corporate/Securities Law Moot sponsored by Davies, Ward, Phillips & Vineberg LLP (with the Queen's team's participation sponsored by Osler, Hoskin & Harcourt LLP and the Law Foundation of Ontario) to be held in March 2007.

The Olser Moot requires students to analyze a complex fact situation set out in a trial decision and appellate decision, develop and prepare a factum or their argument for the court prior to the moot, and present their argument before a panel of judges. For some, making the Queen's national team would be a bonus; the Osler Moot is a learning experience on its own. "The Osler Moot provided an invaluable practical learning experience," said Matthew Carroll, Law ‘08, one of the eight students chosen to move forward to the second round. "I will certainly never forget standing up in front of Justice Feldman and the other respected judges in the final round. They asked difficult and pointed questions, which definitely challenged our ability to think [fast]."

Fergal Murphy, Law ‘08, also reflected on his experience in front of the judges. "The judges' feedback was invaluable to make me a better mooter," he said, "It helped me improve my advocacy for future oral exercises." Fergal's excellent advocacy skills helped propel him to the final round alongside Matthew, and he found getting up in front of the final panel of judges to be an exciting and challenging experience. "Although a lot of work went into preparing for the moot," Fergal added, "[I learned] that advocacy is more about thinking on your feet than reading prepared statements from a piece of paper."

One of the comments made to the final eight by Justice Feldman, who has graciously participated in every Osler Moot, was how impressed she was with their skill and ability. Choosing the five members for the Canadian Corporate/Securities Law Moot team proved to be a difficult process and all mooters were applauded for their performance at the annual Awards Dinner at the University Club. Also recognized at the dinner were last year's winning team (Andréa Amaral-LeBlanc, Navroop Bhandal, Tim Huyer, Patricia McLean and Colin Yao, all of Law '07), who went on to place second at the national moot and win awards for Top Factum, Top Oralist and Third Place Oralist, and Nicole Stephenson and Josh Ellimoottil of Law '06, who spearheaded the establishment of the Osler Moot in 2005.

Members of this year's Queen's Canadian Corporate/Securities Law Moot team will work on a new moot problem beginning in January under the supervision of Professor Justin Connidis. At the national competition in March 2007, the team will fight to build on last year's success.

"I'm really excited to be part of the team," said Ora Wexler, Law ‘07, one of the finalists chosen for the 2006/07 Competitive Team. "I know what a great learning experience it was for everyone on the team last year... I think it will be a great way to end off third year, and will be a great last memory to have of my experience at Queen's Law."

Joining Ora for the Competition are Micheal Blinick, Law ‘08, Jeffrey Love, Law ‘07, Christopher Slade, Law ‘08, and Jennifer Stewart, Law ‘08. All five students are looking forward to the challenges of such a difficult and complex moot, and plan to bring home more accolades for Queen's Law.

* Preliminary round judges were as follows: Duncan Ault, Osler, Hoskin & Harcourt LLP; Brett Baker, Atomic Energy of Canada Limited; Alex Cobb, Osler, Hoskin & Harcourt LLP; Shane Kelford, Howard Ryan Kelford Knott & Dixon; Anne McNeely, Blake, Cassels & Graydon LLP; Ermanno Pascutto, Troutman Sanders Solicitors, and Groia & Co.; James Smith, LaBarge Weinstein P.C.; Nicole Stephenson, LaBarge Weinstein P.C.; and Peter Tobias, Viner, Kennedy, Frederick, Allan & Tobias LLP.