Another example of the concern to render justice as quickly as possible is that the Court of Appeal will be allowed to render judgment based only on
the factums submitted by the parties, without the necessity to hear them plead on a date usually months down the road from submission of the factums.
For example, the Canadians Voting Abroad website about the challenge to the provisions of the Canada Elections Act disenfranchising Canadian expatriates after five years abroad looks like it was designed in the 1990s and, more importantly, is missing some crucial documents, such as
the factums submitted to the Court of Appeal.
Based on
the factums submitted to the SCC, the appellant (Yugraneft) is arguing that international arbitral awards should be considered, at least for enforcement purposes, equivalent to foreign judgments, and, as such, should benefit from the 10 - year limitation period under s. 11 of the Alberta Limitations Act.
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).
The Supreme Court of Canada now publishes
all factums submitted after February 9, 2009.
To learn more you can access the CCD / CACL
factum submitted to the Supreme Court.
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.
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.
The Canadian Bar Association is withdrawing its intervention in the Chevron matter just a day before the deadline to
submit its
factum amid amounting pressure from the legal profession.
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.
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.
In his
factum, written by counsel, Mr. Bou - Daher
submits the verdict is unreasonable and unsupported by the evidence:
Do not
submit separate electronic files for the different sections of a
factum or other document.