Hon. Barry Leon judges for the 2nd LeClair Virtual Reality Moot at University of Ottawa

In: Article Published: Tuesday 18 April 2023

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33 Bedford Row and Arbitration Place arbitrator and mediator Hon. Barry Leon was one of three judges for the 2nd LeClair Virtual Reality Moot at University of Ottawa

The issue in the moot problem was whether a high-end running shoe was authentic and collectible. 

Barry observes that “being a judge in this virtual reality moot was a fascinating experience. You get “into the moment” and forget that you are sitting alone in a small room with a virtual reality headset and hand controls. You really feel that you are in the hearing room.” 

He adds that “having the ability to pick up the running shoe, turn it around in all directions, and examine it from different angles was impressive. Almost magical!” 

The organizers had scanned an exact 3D replica of the running shoe and “cloned” it so that the judges could hold and interact with it “virtually”.

Reflecting on his first virtual reality experience in a hearing, Barry remarks that “the question that keeps going through my mind is how we will be able to use this evolving technology in arbitration and in court. While it is not likely to be for full hearings, now that we are into a world of virtual and hybrid hearings, virtual reality may add one additional dimension to hybrid. As the technology advances, a hybrid hearing may be an innovative way to leverage this technology, and a more realistic application of it in the foreseeable future”, said Barry. 

“For example, the recreation of incidents and the ability to inspect outside and inside, such as the failure of large industry equipment – an industrial furnace or boiler, or equipment in remote locations (an offshore drilling platform) – or even a motor vehicle accident, and creating exact replicas of evidence, is something that we may see in the relatively near future. 

My hope is that initiatives such as this virtual reality moot generate creative conversations on the art of the possible.”

Barry concludes that, as Prof Richard Susskind said about AI, “this is the worst it’s ever going to be!”

Counsel for the claimants were law students Aram Ebrahimi and Clara Mustata and for the respondents Angie Ortiz Romero and Rutvi Patel. “The student mooters did a fantastic job,” says Barry.

The other judges were Ontario Superior Court Justice Waddilove, and Ron LeClair of LeClair & Associates, sponsor of the moot.

Media coverage can be found here.

The person who was key to all aspects of the virtual reality moot was Ritesh Kotak of LeClair & Associates. Others who played key roles in creating and presenting the moot were uOttawa Prof Anthony Daimsis, and Augustin DenisVeronique LaroseBrittany Matthews from University of Ottawa.