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More than 150 Schulich School of Law students, faculty and guests attended the 2023 Smith Shield Moot, which took place at the Weldon Law Building on October 4, 2023. With a tradition dating back to 1927, Smith Shield competitors are chosen from the top mooters in the compulsory second-year moot.

This year’s mooters were Alida Doelle and Essie Mehina, representing the appellant and Amelia Eaton and Harper Metler, representing the respondent. They argued the case of Ira Jane Abdalla v. The Municipality of Quinnsburg and Kildonan Developments Ltd, before the Honourable Chief Justice Michael J. Wood, Nova Scotia Court of Appeal; the Honourable Justice Ann E. Smith, Supreme Court of Nova Scotia; and Mark Scott, K.C., President, Nova Scotia Barristers’ Society. Jeremy Ryant served as coach and also drafted the problem.

According to the case, in the fall of 2022, the most powerful and destructive hurricane that Atlantic Canada had ever experienced made landfall in Quinnsburg, a seaside municipality on Nova Scotia’s South Shore. The resulting storm surge flooded Quinnsburg’s San Roque Peninsula, which was the site of a new housing development called Sea Ridge Heights.

In the wake of a data breach that revealed municipal councillors received information suggesting the San Roque Peninsula could be uniquely vulnerable to flooding, the Sea Ridge Heights residents – many of whom bought their homes site unseen during the COVID-19 pandemic – initiated a class action against the Municipality of Quinnsburg.

"I designed the problem to rhyme with the natural disasters that Nova Scotia has experienced over the last couple of years, and specifically since the wildfires this past spring," explained Ryant. "While the effects of climate change have impacted too many of us in a very real way, these effects have yet to reverberate through the common law. I think it is important for the legal community to start thinking in a lot more depth about how climate change will playout not just on the ground, but also in the courtroom." 

The 2023 Smith Shield Moot Competition probed the line between an individual’s responsibility to protect their property from the effects of climate change and a municipality’s responsibility to warn its citizens that their homes could be in danger.

The Supreme Moot Court of Dalhousie considered whether a municipality can rely on the doctrine of core policy immunity to shield itself from liability for a decision to approve a housing development without issuing a warning to prospective residents about the potential fallout from a natural disaster.

The Court also considered whether a municipality can owe a positive duty of care to its citizens to warn them that their homes are vulnerable to natural disasters and whether the Municipality of Quinnsburg met the applicable standard of care in this case.

Harper Metler and Alida Doelle. (Photo by Bruce Bottomley)

This year’s winners were Alida Doelle and Harper Metler who received the A.S. Pattillo Prize in Advocacy. The runners-up were Essie Mehina and Amelia Eaton who were recognized with the Leonard A. Kitz Prize in Advocacy. Danielle Bailey-Heelan served as this year’s alternate.

"It was great being able to share the experience with such an amazing and supportive group of students!" said Metler. "I’m so grateful for all of the volunteers who took their time to help us throughout the process."

"It was a great learning experience to engage with the thoughtfully crafted problem and a privilege to argue in front of a such an esteemed panel of judges," shared Doelle. "I am grateful to have had this opportunity to improve my advocacy skills.”

Ryant felt the students performed brilliantly. "Incredible as they were on the evening of the moot, I was even more impressed by the dedication and work ethic that they demonstrated since they received the problem in early August. Schulich Law hit the jackpot with these students. I only hope that I never have to face them in court!" 

Congratulations to the students who took part in this year’s Smith Shield Moot and thank you to our judges and everyone who contributed to making this year's event a success. We look forward to continuing the tradition next year!

From left: Amelia Eaton, Harper Metler, Mark Scott, K.C., the Honourable Chief Justice Michael J. Wood, the Honourable Justice Ann E. Smith, Alida Doelle and Essie Mehina. (Photo by Bruce Bottomley)