(
LEAF factum at para. 29).
A related point made by LEAF is that choking is a major risk factor for intimate femicide (
LEAF factum at para. 3).
Not exact matches
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.
The
left menus show docket information, parties, counsel, summaries (written by the Office of the Registrar) and sometimes, though not in this case,
Factums.
In its
factum the federal government noted: «It is acknowledged that, for a file to be processed under the ITOA, there does not need to be a minimum of six months
left on the offender's Canadian sentence at the time of the application, the time of receipt of the application or at the time of the decision by the Minister.»
These can be found via the SCC website page on an appeal's Case Information; the menu in the
left sidebar contains a link to «
factums».
Consider as well that documents (e.g., motions, written submissions,
factums etc.) argue for you after you've
left the courtroom and, at the same time, help build a record for appeal should this be necessary.
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.
This case dealt with whether, on a
leave to appeal motion, the appellant was permitted to file a «reply»
factum, responding to points raised by the respondent.
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.
As noted in the
Factum of the Intervener of the Women's Legal Education and Action Fund (
LEAF), the accused had been convicted of assaulting the complainant on two previous occasions, and as noted by the trial judge, the complainant's recantation on the issue of consent was typical of a domestic violence context (at para. 2).
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.
Permission to intervene is granted; the applicants have
leave to file one joint
factum limited to 20 pages.
The Advocates» Society has been granted
leave to intervene in the Groia matter and has now filed its
factum with the Appeal Panel at the Law Society of Upper Canada.
While at BSCC she drafted a Motion for
Leave to Intervene and co-drafted an Intervenor
Factum for the Supreme Court of Canada in R v. Quesnelle.