Sentences with phrase «court factums»

With the availability of Supreme Court factums on the Internet — where anonymity is not possible — it may well create the risk of counsel's argument in one case coming back to bite him or her.

For example, a court factum, when viewable from the Internet, may contain social insurance numbers, credit card numbers, or affidavit statements that could be considered injurious to a party.

Not exact matches

But only Ontario filed a so - called factum with the court by the Jan. 10 deadline for provinces to submit legal statements supporting the federal position.

In addition to the hearing schedules, docket information, party information, case summaries, webcasts of appeal hearings and factums on appeal, the Court will begin to post memorandums of argument on applications for leave to appeal after they are granted.

To find out more about any particular case, the Court's website has a section that allows users to find docket information, case summaries as well as factums from the parties.

Recently in Wouters v Wouters (2018 ONCA 26), the Ontario Court of Appeal held that a motion judge improperly struck the factum and pleadings of a self - represented litigant (SRL).

and Semelhago v. Paramadevan [1996] 2 S.C.R. 415: For which see Siebrasse's critique, which interestingly quotes from oral argument an exchange between Gonthier J and John Swan as counsel., where the court's decision was based on a line of reasoning and authorities that were found nowhere in the appellant's or respondent's factums and were never canvassed in oral argument.

At a recent CBA / SCC Liaison Committee meeting on Posting of Factums on the Web, the Supreme Court Justices raised questions concerning a number of legal and practical issues: * Who holds copyright in fFactums on the Web, the Supreme Court Justices raised questions concerning a number of legal and practical issues: * Who holds copyright in factumsfactums?

WestLaw, in this case, has identified this need and developed a product through its Litigator service, which provides legal precedents and factums used in court proceedings.

Because court filings are public records, I think that syndicating SCC factums via public RSS feeds, and attaching to them a Canadian Creative Commons license («Attribution — no derivative — no commercial use» comes to mind), would be not only be fair; but would promote a better understanding of the Canadian Justice system.

* While court filings are public record, is there a significant difference between the impact on the privacy of individual litigants when a factum is filed in the Registrar's office, compared to posting the same document on the Internet?

The factum of Toronto resident Paul Magder, who initiated the court action under the MCIA, is scheduled to be filed by Dec. 24.

The information published on a court web site may come from a variety of authors: judges, court staff (e.g. employees of courts administration), the justice department / ministry, public servants, lawyers (e.g. if factums are available on the court web site), etc..

Posting would increase public access to the process of the Supreme Court of Canada, and make the research contained in the factums generally available.

I suppose some kind of disclaimer could be attached to the factums, of the kind used in the responsible press («these allegations have not been proved in court»)-- except that of course sometimes the allegations WILL have been proved in court — subject to the appeal, in any event....

The privacy concern is harder — but a study of factums might show that it's rare for there to be real issues except in family or criminal cases, as the Court suggested.

There is some indication that the Supreme Court of Canada may be getting closer to permitting the publication of factums on Canlii.

In his factum to the SCC, Groia makes the case that the law society has no jurisdiction to reprimand him for his in - court behaviour, particularly when he was not disciplined at the time by the presiding judge.

The Supreme Court of Canada now publishes all factums submitted after February 9, 2009.

I am reminded of the young lawyer who appeared in court for the first time, advising that opposing counsel had acted with a vexatious and abusive hand by submitting a factum a few minutes late.

Nor am I sure about how copyright law applies to SCC factums, though I suppose that the fair dealing and research exceptions would apply, if courts weren't prepared to find that submitting documents in litigation transferred copyright to the court in question and, hence, the Crown.

«Denying a lawyer's right to free expression on behalf of a client in a court of law in favour of a vague definition of civility and its application after the fact fetters and chills the lawyer's ability to engage in vigorous advocacy,» Groia argues in his factum, «in turn damaging the public interest, as well as infringing [on] the ability of an accused or client to make full answer and defence in a judicial proceeding.»

The Advocates Society each year runs a two day workshop on Factum Writing at Osgoode's Professional Development Facility, which has been the occasion for some extremely helpful presentations on effective written advocacy — Ontario Court of Appeal Justice John Laskin's piece being typical.

Academically trained as a writer, Mr. Cooper also provides clear, concise, and persuasively argued legal factums for submission to court.

The «Causation in Tort II» material includes sample factums for a mock appeal to the British Columbia Court of Appeal that was part of the «Causation in Tort II» programme.

For my penultimate next, if you want to see how great the disconnect is between what some lawyers and some judges think the law is, look at the Clements trial reasons, the factums in the Clements BCCA appeal — Carswell has them online — and the factums in the Supreme Court of Appeal.

He also asserts inadequate representation of counsel,» states Justice of the Peace Errol Massiah's Jan. 30 factum seeking the Superior Court's supervisory jurisdiction over the review council's receipt, investigation, and adjudication of the allegations of misconduct.

The parties» factums are available on the Supreme Court's web site.

Connie's passion for legal research and legal writing has produced innovative and effective legal memorandums and factums, that have been submitted to all levels of Courts, in the areas of unreasonable search and seizure, arbitrary detention, the right to a fair trial, the right to counsel, unreasonable delay, and drinking and driving offences.

This edition presents a summary of the 1998 intervention factum presented by our community to the Saskatchewan Court of Appeal in the Latimer case.

Its position was that he had already been found guilty of professional misconduct by the higher courts that heard the OSC appeal and that all the law society had to do was «rubber stamp his conviction and sentence him,» Groia says in his factum.

«Although trial judges have the responsibility and authority to control courtroom proceedings, Mr. Groia is wrong to assign the exclusive responsibility for the conduct of trial lawyers to them,» the law society says in its factum at the Supreme Court.

A copy of CARL's factum can be found here CARL will be covering the hearing via twitter on January 17, follow #Ezokola here Watch the Supreme Court of Canada's live web feed on January 17 here

The factum must not be subject to any limitation on access by court order or law, or as set out in paragraph 3.4 of this policy.

Currently finding pleadings, motion records, or factums filed with the courts online is nearly impossible.

We're helping out the Canadian Bar Association's Supreme Court of Canada Liaison Committee by running a two minute survey about whether Factums submitted to the Court should be made publicly available (as is done for the United States Supreme Court).

We are thrilled to publish our Factum which will be before the Supreme Court of Canada on January 15, 2018.

Following directions from the Court, CCD and CACL restricted their factum to arguments based upon Section 7 (Security of the Person) of the Charter of Rights and Freedoms.

To learn more you can access the CCD / CACL factum submitted to the Supreme Court.

In accordance with the Order, ARL will be filing a factum and be given an opportunity to make oral submissions before the Court on January 15, 2018.

The factum (a legal brief that details the arguments put forward by CCD to the courts) for each case can be found on CCD's website.

Of note in this case is the court's reliance on both a fairly narrow (but common) reading of this rule, that restricts the right to file a reply factum very narrowly, as well as an «administrative practice» for the court to not even accept a reply factum unless leave is obtained by a judge.

Submission to the Supreme Court of Canada re: CCGG's Intervener Factum in Livent Inc. vs Deloitte LLP

There are two practice points to take note of from this decision: (1) even though it is not in the Rules, the Divisional Court has an «administrative practice» that counsel should be aware of that requires leave to file a reply factum, and (2) when a party is drafting their factum, they need to anticipate what the other side might say in response - unless it is a completely «new» issue raised in response, a moving party on a leave to appeal motion will not be able to respond to the particular arguments made by the other side.

When an individual, group or body is given leave to intervene in a case, they usually submit a written argument (called a factum) and are also given permission to make a brief oral submission to members of the court.

FACTUM OF THE INTERVENERS, COUNCIL OF CANADIANS WITH DISABILITIES and THE CANADIAN ASSOCIATION FOR COMMUNITY LIVING (Pursuant to Rules 42 and 59 of the Rules of the Supreme Court of Canada)

The trial judge noted that the complainant only got angry after the alleged assault, and was far more upset when another person humiliated her that night (Crown factum, at para 65); for an excellent paper on the gendered nature of hysteria, see Jonnette Watson Hamilton, «The Use of Metaphor and Narrative to Construct Gendered Hysteria In the Courts» (2002) 1 Journal of Law 7 Equality 155.

I'd love to see the reaction of a New Jersey Supreme Court judge to a factum that included this line of reasoning in its arguments: «We have no empirical data to support our position.

A factum is a party's written submissions to the court.

Cory provides strategic advice and assistance in the drafting of leave to appeal applications, responses, replies, factums, and motions in courts of appeal across Canada and the Supreme Court of Canada.