Lerners LLP Cup tightly contested
October 12, 2011
(l-r) Michael Lerner, Regional Senior Justice Edward Ducharme, Sarah Martens and Justice Victor Mitrow of the Ontario Superior Court of Justice
Ninety-five competitors - one of the largest entry pools ever - took part in the 2011 Lerners LLP Cup, Western Law's internal upper-year appellate advocacy competition.
At the end of a skillfully argued final round, Sarah Martens was named Best Oralist. and the winner of this year's Cup. Along with her partner Matt Hickey, Martens also won for Best Factum, a new prize at the competition. Alexei Chinkarenko and Michael Maiola (pictured below) were awarded the Justice C.D. Stewart trophy as the top-ranked team from the Preliminary Round.
This year's competition required students to address the Nova Scotia Court of Appeal's 2010 judgment in R. v. Hutchinson, a case involving a man who punched holes in a condom to try to get his girlfriend pregnant. The complainant, who had made it clear she did not wish to get pregnant, had an abortion and laid sexual assault charges. The issues on appeal revolved around complicated questions on the meaning of consent and the situations in which fraud vitiates an otherwise valid consent.
Appearing before a panel composed of Regional Senior Justice Edward Ducharme, Justice Victor Mitrow of the Ontario Superior Court of Justice and Michael Lerner of Lerners LLP, competitors were asked difficult questions about the facts and the complex state of the law surrounding what constitutes a valid consent to sexual activity.
"It was a terrific competition," said Associate Professor Peter Sankoff, director of this year's Lerners LLP Cup. "The standard of mooting was exceptional, as each of the judges noted in their comments to students after the event. I’m confident we will send a very strong contingent of students to external competitions in 2012."
The judges found it difficult to pick one winner from among the finalists, who also included Julia Brown, Jeffrey Claydon, Lauren Lefcoe, Gavin Mah, Sarah Smith and Meghan Taylor. "I asked Professor Sankoff to let us pick at least two winners this year," said Justice Ducharme, "but he would not relent. The difference between the winner and the other mooters was very small, and I was impressed with all the competitors."
Western Law is grateful to the judges, practicing lawyers and third-year law students who generously volunteered their time. Western Law is particularly grateful to Michael Lerner and Lerners LLP for their generous and continued support of this competition.
