2011 W.H. Harrison Shield Moot Court Competition
Tuesday, March 1st at 7pm in the Mary Louise Lynch Room of Ludlow Hall
(Reception in Student Lounge to follow)
Judges:
Justice Katherine Quigg of the New Brunswick Court of Appeal
Bernard Richard, Ombudsman and Child and Youth Advocate for New Brunswick
Howard Myatt of the law firm, McInnes Cooper
Mooters:
Matthew Craig
Simon Shakibaei
Shane Westin
Shanna Wicks
Overview of Moot Problem:
The problem consists of an appeal to the Supreme Moot Court of Ludlow Hall of the decision in Carter v Llywellyn. This case was heard before Justice Parmolo of the Court of Queen’s Bench of New Brunswick on September 9, 10 and 11 of 2010. Justice Parmolo rendered her decision on 30 October 2010. She awarded full custody to Ms. Llywellyn and granted her application to move to Ontario with the child. The father now appeals, with leave, the order awarding full custody to the mother and authorizing the move. His grounds of appeal are as follows:
Justice Parmolo erred in law:
a. by finding that the appellant was the perpetrator of domestic violence against the wife, in particular by taking judicial notice of materials on the subject of domestic violence and its alleged impact on children that was not introduced through an expert or by reference to learned articles, publications or books;
b. by failing to properly assess the facts of the case in light of s. 16 (10) of the
Divorce Act.
