The Tort Law Moot Competition was designed to promote advocacy and excellence in the fields of tort, insurance, and health law. The 2023 Moot Problem was an appeal from a Rule 21 motion from the Ontario Court of Appeal’s decision in Florence v Benzaquen, 2021 ONCA 523. The team addressed the issue of whether it is plain and obvious that a physician can never owe a duty of care to a preconceived child when prescribing a contraindicated fertility drug.
The 2023 uOttawa team was composed of four Common Law students Sarah Sevier (2L) and Faaris Hussain (2L), represented the Respondent, while Andrew Johnstone (2L) and Julia Chung (3L), represented the Appellant. The team devoted many hours to the Moot Competition from October to March, researching, drafting facta, and training for oral submissions.
Both uOttawa pairings argued before practitioners and jurists, including experts in the fields of medical malpractice and personal injury.
The uOttawa Respondent team, Sevier and Hussain, won the award for Best Team. They advanced through intensive preliminary and final oral rounds, ending the competition with an impressive win against Osgoode Hall’s Appellant team. Sevier also won the Top Oral Advocate award. Judges commented on the uOttawa team’s strong oral advocacy skills, knowledge of the law and facts, and ability to thoughtfully address questions from the bench.
Hussain was very pleased with the results of his first experience mooting: “It was immensely satisfying to see the innumerable hours of preparation we put in ultimately bearing fruit. I chose to pursue mooting to build my skills of advocacy, which I aim to utilize to help my immediate community, as well Canadian society writ-large in the future. I encourage all those interested in building this skill set to trust the process, because these skills take time to develop – but when they do – they are worth every dime!”
“I chose to pursue mooting to build my skills of advocacy, which I aim to utilize to help my immediate community, as well Canadian society writ-large in the future.”
Faaris Hussain
— 2nd year student, Common Law
Sevier is grateful to their coaches and her other teammates for their support throughout the moot. She says “The opportunity to learn from established practitioners and gain insights from Superior Court Justices was particularly rewarding. I highly recommend this moot to anyone looking to develop their written and/or oral advocacy skills. Thank you to the Tort Moot Committee, excited to see next year’s teams!”
“I highly recommend this moot to anyone looking to develop their written and/or oral advocacy skills.”
Sarah Sevier
— 2nd year student, Common Law
The team thanks their coaches—Jennifer Arrigo, Emily McMurtry, and Aaron King—for their continuous mentorship and support. The team also thanks Howie, Sacks & Henry LLP - Personal Injury Lawyers for sponsoring the competition, the many practitioners and jurists who generously volunteered their time, and the Ontario Bar Association.
Congratulations to the team for this exciting win!