This page is a central repository for all essential documents needed by competitors. The problem, rules, clarifications, factums, and other key documents for the 2013 competition will be posted here as they become available.

the rules

the problem

The 2013 competition case is Smith v. Inco Ltd., 2011 ONCA 628. Competitors will moot an appeal from this decision to a fictitious Canadian appellate court of last resort. Further details of the competition case will be posted in due course.

clarifications

Question:
In regard to the first question in the moot problem, is the Supreme Environmental Moot Court of Canada willing to consider new arguments that were not raised by either party in the lower courts in Smith v Inco ?

Answer:
Parties can raise new arguments, but they must be grounded in the facts and confined to the causes of action pleaded.

Question:
Could you please clarify whether the first question on appeal was intended to specifically reference the cause of actions pleaded, or should it be interpreted to mean the causes of action denied by the appellant court?

Answer:
The first question is limited to those causes of action denied by the appellant court.  It does not include all causes of action pleaded.

Question:
In regard to the second question (namely - " Should the [Court] recognize a new cause of action for environmental claims or are existing causes of action adequate?), is this question to be considered in relation ONLY to the causes of action considered in Smith v Inco, or does the question encompass other common law causes of action that may have environmental implications  (eg public nuisance and negligence)?  Relatedly, is this question to be addressed only in a manner relevant to the facts of the case on appeal, or should it be considered more broadly in regard to other factual contexts (ie, beyond just contaminated land situations)?

Answer:
The section question on appeal asks mooters to consider

1. Other typically pleaded common law causes of action that the parties did not advance in Smith v. Inco
2. Causes of action accepted in Commonwealth Courts in other jurisdictions for contaminated land litigation
3. Entirely new ‘environmental’ causes of action

templates

• Factum of the Appellant
• Factum of the Respondent

appellant factums

• Team 1 - Appellant Factum
• Team 3 - Appellant Factum
• Team 5 - Appellant Factum
• Team 7 - Appellant Factum
• Team 9 - Appellant Factum

respondent factums

• Team 2 - Respondent Factum
• Team 4 - Respondent Factum
• Team 6 - Respondent Factum
• Team 8 - Respondent Factum

factum score sheet

Documents from past competitions

• 2011

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