Official Competition Rules for the 2019 Willms & Shier Environmental Law Moot.
Official Problem for the 2019 Willms & Shier Environmental Law Moot.
Clarification Questions and Answers
Q1: What evidence can be introduced to the arguments? Can mooters cite external factual evidence to support the arguments? For instance, the Court made a notice of the number of orphan wells as of September 2015. Can mooters cite the most recent reported number of orphan wells?
A1: Mooters are bound by the facts as set out by the lower Courts. As with other appellate courts, mooters cannot introduce new evidence.
Q2: How to interpret the first issue for the appeal? One way of interpretation could be that if the end-of-life obligations for licenced properties are claims provable in bankruptcy, these obligations then automatically fails to qualify as super priority in bankruptcy proceedings.
Another way of interpretation could be that even if the end-of-life obligations for licenced properties are claims provable in bankruptcy, these claims might still qualify for super priority in bankruptcy proceedings? Is the question of establishing super priority part of the first issue?
A2: Issue #1 refers to whether claims are provable in bankruptcy and the issue of super priority. It is for each team to decide whether to argue only that the claims are provable, or to also advance arguments about super priority based on their assessment of the available arguments, the strength of the arguments, and page and time limits.
Q3: What should we do when the facts as stated in the problem do not perfectly reflect the facts as stated in the court decisions below (both the decision at first instance and the Alberta Court of Appeal decision)? We want to ensure that we can rely on the decisions as the basis of all facts rather than the problem itself in the case of discrepancies between the Problem and the court decisions.
A3: The Moot Problem is a high level summary and general overview of the lower court decisions. It is not a full duplication of the lower court decisions and all findings of facts. Students are responsible for reviewing the lower decisions in detail and using those decisions as the basis of the arguments put forward. Students should not cite from the moot problem in their written or oral arguments, except to list the questions on appeal to the Supreme Environmental Moot Court of Canada.
- Deadline for submission of clarification requests: Thursday, December 6, 2018
- Deadline to submit team registration, team roster (mooters and coaches) and payment of registration fee: Friday, November 30, 2018
- Last day to withdraw team: Friday, December 7, 2018
- Appellant's factum due: Monday, January 21, 2019
- Respondents factum due: Monday, February 4, 2019
- Oral argument: Saturday, March 2, 2019
Notwithstanding the above, the Moot Administrator may extend any of these dates except the factum due dates and the date for oral argument.