The Davies Corporate/Securities Law Moot: Celebrating 35 Years Of Advocacy

This year marks the 35th anniversary of the Davies Corporate/Securities Law Moot, the only moot court competition to focus exclusively on current issues in those areas of Canadian law. Attracting second- and third-year law students from across the country, it provides a forum for lively debate within a courtroom setting and firsthand engagement with judges, securities regulators, legal academics and practitioners.

The Origins of the Davies Moot

In 1991, Fiona Kelly, then an articling student at Davies Ward & Beck proposed the idea of a moot that caters to students looking for a career in corporate law. Fiona had been head of the moot court committee at the University of Toronto law school and, after participating in the Laskin Moot, saw the potential appeal of a business-law focused event. The original Davies Moot Court Committee was comprised of then-partners Brian Grasmuck and Paul Davis, as well as Fiona.

"Brian Grasmuck, then head of the student committee, was instrumental and incredibly supportive, as were many other partners who served as judges in the first year and beyond. It was a lot of work for all of us, but so rewarding to see the participants immerse themselves in corporate law issues and have the opportunity to meet some of the top lawyers, judges and regulators in the field. I also think it helped cement the firm's reputation as the go-to corporate law firm in Canada in law schools across the country," Kelly says.

"When Fiona proposed the moot," Grasmuck recalls, "I thought it would be fun to get friends from the Ontario Securities Commission (OSC), the Toronto Stock Exchange and other law firms together with some actual judges from the bench and socialize while we explored interesting legal problems with bright young minds. Everyone we invited said yes."

Crafting the Perfect Problem

Michael Disney has been integral to formulating the Moot problem, working closely with Fiona, Brian and Paul in the early years, then with Janet Holmes and, more recently, Jonathan Bilyk.

Unlike some other moots, the Davies problem is fictional, but the issues it explores are designed to be both current and relevant. It's structured to contain four issues, so that every member of the team can advocate for a portion of the problem. The students argue both sides of the case. Disney says, "We have always tried to create problems that raise issues where the law is unclear or does not entirely make sense, so it's not a slam dunk and there's no right answer."

Bilyk expands on this, "We want the issue to be interesting to practitioners who have been practicing for 10, 20, 30 or 40 years. And we want to show the students interesting areas of the practice to captivate their attention during a couple of months of intense work."

Judges and Volunteers: The Backbone of the Moot

Every December, members of Davies, lawyers from other Bay Street firms, in-house counsel, Davies alumni and members of the OSC are invited to volunteer as judges. Depending on the number of teams, 70 to 85 are recruited to serve on three-judge panels. Many come back to judge year after year.

In early January, students receive the problem and have a month to prepare their factums, which are marked by external reviewers and a Davies partner. This significant undertaking is typically led by a member of the OSC, whose ongoing support has been integral to the event's success.

Professor Colin Campbell, a Davies alumnus, has been involved with the Moot for around 10 years, acting either as a judge or coach for the University of Western Ontario team, where he teaches. "Coaches cannot get involved in the preparing of factums, so I work with students on oral arguments, listen to them practice, give comments and assign marks. It's rewarding to see students become highly proficient in a topic over four to six weeks."

The Competition Experience

On the first day, teams compete against each other during round one, followed by a cocktail reception at Davies' Toronto office. On day two, the second rounds commence, with teams arguing the opposite side of the issues. Once the finalists are announced, they appear before a five-judge panel, typically including sitting judges from various courts and OSC members. The winners are named at a dinner ceremony following the final round.

Davies alumna Justice Siobhan Monaghan of the Federal Court of Appeal judged the final round of the Moot from 2019 to 2025. She had previous experience with the Donald G.H. Bowman National Tax Moot and thought, "It's wonderful that firms are sponsoring these moots and giving students an opportunity to practice what it's really like to be an advocate. And it's different than mooting within your law school – this adds a sense of gravitas. And I appreciate that the Davies Moot plays a significant role in the development of the future generation of lawyers. Giving my time to judge it is so little in the grand scheme of things. I am always blown away by the students, and so grateful I'm not 25 and trying to compete against them."

This year, 14 teams will compete in the Davies Corporate/Securities Law Moot before a panel consisting of The Honourable Justice Malcolm Rowe of the Supreme Court of Canada, The Honourable Justice Elizabeth Walker of the Federal Court of Appeal, The Honourable Justice Benjamin Zarnett of the Ontario Court of Appeal, The Honourable Justice Jane Dietrich of the Ontario Superior Court of Justice and Mr. Grant Vingoe, CEO of the Ontario Securities Commission.

Thirty-five years on, the Davies Corporate/Securities Law Moot continues to bring together students, practitioners and members of the judiciary around complex and evolving issues in Canadian business law. Many former competitors have gone on to careers across private practice, academia and the bench, reflecting the lasting impact of the experience.

The Moot's continued success is the result of the sustained commitment of those who draft the problem, coach the teams and volunteer as judges each year - and, not least, of the enthusiasm and hard work of the students who participate. For Davies, the milestone underscores a long-standing commitment to the development of corporate and securities advocacy and to supporting the broader legal community.

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