the rules

The Official 2011 Competition Rules are now available.

the problem

The 2011 Moot Problem is now available.

clarifications

On November 2, 2010, the Committee received a late Request for Clarification from a moot team member.
The Committee accepted this request on an exceptional basis and will not entertain any further Requests for Clarification.

REQUEST FOR CLARIFICATION

The Problem indicates that that "the Court granted leave to appeal" to Mr. Cousins. My request for clarification concerns issue A. Our team is of the impression that the alternative damage amount, reduction in property value, would be lower than the net investment plus carrying charge amount. Since there was no cross-appeal, we do not think that the Supreme Environmental Moot Court of Canada could reach a decision basing damages on reduction in property value. Nonetheless, can a respondent argue for this lower amount? In other words, what are the ramifications of the absence of a cross-appeal on Issue A?

CLARIFICATION RESPONSE

The instructions clearly state that counsel shall make submissions on whether the plaintiff's damages should be measured on the basis of reduction in property value. For purposes of this competition, the Court has the authority to determine the basis for measurement of damages, and issue an order accordingly, notwithstanding the absence of a cross-appeal.