Sentences with phrase «appeal factum»

Mr. Groia argues in his appeal factum, among other things, that the panel below improperly «second - guessed» the trial judge's management of trial (and thereby interfered with the independence of judiciary) by choosing to discipline Mr. Groia for conduct that the trial judge himself did not censure.

The trial decision is not available on - line, but I was able to secure a copy of the transcripts and the Crown appeal factum.

He had also achieved great amounts of success that included securing an acquittal at trial for a client charged with possessing a controlled substance, obtaining a discharge for a client charged with domestic assault when the Crown wanted a conviction and permanent criminal record, and drafting an appeal factum that resulted in the overturning of a conviction for possession of marijuana on grounds that the client's Charter right to speak to a lawyer was violated.

You can read Artisan Ales's appeal factum here.

The message for appeal factums?

The parties» Supreme Court appeal factums are available on the SCC web site.

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.

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).

Jessica Zita, associate with Hicks Adams and junior counsel on George Cooke's appeal, says the concession and the ultimate decision came in response to their factum, as Matthew Cooke's counsel argued their appeal on different grounds, but the co-appellants both suffered from the same jury charge and, therefore, both had their convictions overturned.

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....

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».

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.

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» progappeal to the British Columbia Court of Appeal that was part of the «Causation in Tort II» progAppeal 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 Aappeal — Carswell has them online — and the factums in the Supreme Court of AppealAppeal.

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.

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.

ARL notes in its factum that this appeal is «not about whether governments should as a matter of policy and practice consult with Aboriginal groups in some manner when developing legislation that could adversely affect their rights and interests.

Typical requirements include numbered paragraphs, specified margins, line numbering, double - space lines and printing on one side of the paper only, to allow appeal judges room to write their own notes on their copy of the factum.

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.

And later, «she certainly had the ability, perhaps learnt from her experiences on the street, to tell [him] to fuck off» (Crown factum, at paras 66 - 7; Appeal Record at pp 431, 450).

He referred to the accused's testimony as reflecting «consensual, indeed even tender, sex» (Crown factum, at para 49, Appeal Record at p 451).

(The accused did not appear at the appeal hearing and did not file a factum.)

a civil appeal is perfected when the last factum is filed.

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.

At the Court of Appeal, counsel for Mr. Barry informs the Court he is in a position to file the appeal record immediately with a factum to follow within two Appeal, counsel for Mr. Barry informs the Court he is in a position to file the appeal record immediately with a factum to follow within two appeal record immediately with a factum to follow within two weeks.

Others noted that factums were drafted not as creative works for all time, but as advocacy documents that had the sole purpose of advancing the client's argument and winning appeals.

[2] While the notice of appeal raises a wide range of issues, some of which fall outside the ambit of the jurisdiction of any court, the arguments advanced in the factum and in oral argument are somewhat more focussed and may be summarized as follows...

In Dunkin Brands Canada Ltd. v. Bertico Inc., the Court of Appeal began its reasons with a dissection of the language used by the appellant in the factum, referring to «gross errors of law», evidence that was «almost completely ignored» and «blatant» mistakes of fact.

It would be like trying to follow the argument in an appeal court without a copy of the factum in hand.

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.

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.

To strengthen appeals to provincial and federal courts, we have expert counsel to draft and revise Appellant or Respondent factums.

After one appeal hearing on an estate case he reported back the following: «They had obviously read your Factum and what more did I need to do?

Once the registrar has received all of the parties» factums or written arguments, he or she will schedule the appeal for hearing.

You must serve and file a written argument within 30 days after receiving the appeal book and the appellant's factum or written argument unless the appeal is an expedited appeal in which case your time period for serving and filing a written argument is shortened to 15 days.

* I (Eugene) was S.C.C. agent on this particular appeal, to Marc Richard Q.C. (now on the N.B.C.A.); CLICK HERE for the first page of the factum — a good example of a first paragraph that «leads with strength», ie strongest argument put up first — the whole para.

At the same time as the appellant serves you with the appeal book, he or she will serve you with a factum (if he or she is represented by a lawyer) or a written argument.

In Dunkin Brands Canada Ltd. v. Bertico Inc., the Court of Appeal began its reasons with a dissection of the language used by the appellant in the factum, referring to «gross errors of law», evidence that was «almost completely ignored» and «blatant» mistakes... [more]

Do you have a copy of the factum used at the Court of Appeal, and is it available online?

Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court Parties are required to file electronic versions of their factums and transcripts in appeals to the Divisional Court, in accordance with Rule 61 of the Rules of Civil ProAppeals and Judicial Review Applications in the Divisional Court Parties are required to file electronic versions of their factums and transcripts in appeals to the Divisional Court, in accordance with Rule 61 of the Rules of Civil Proappeals to the Divisional Court, in accordance with Rule 61 of the Rules of Civil Procedure.

A consideration of this issue is required because I became aware that the Appellant and Appellant's counsel, together with its co-counsel in the Federal Court of Appeal in respect of the appeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inAppeal in respect of the appeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inappeal of the trial decision, had made certain public written statements about me in its factum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly infactum in the Federal Court of Appeal (the «Factum») which, upon reflection, appear to me to clearly inAppeal (the «Factum») which, upon reflection, appear to me to clearly inFactum») which, upon reflection, appear to me to clearly include:

The electronic version of factums or any other material filed in a Divisional Court appeal or judicial review application must be formatted and contained in one file and be virtually identical to the official printed version that is also filed with the Court.

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.

ICBC appealed that decision and eventually produced a very impressive and comprehensive factum referencing approximately 50 authorities in support of their position.

We've learned of a new Practice Direction on Filing Electronic Versions of Documents in Civil Appeals and Judicial Review Applications in the Divisional Court which will be implemented next month — it establishes a regularized process to satisfy the requirement to file electronic versions of factums and transcripts — a requirement that is already in place under Rules 61.09 and 61.12 of the Rules of Civil Procedure.

Prof. Russ Brown (of the University of Alberta Faculty of Law) and I have written a case comment about Clements and what should happen in the Supreme Court, based on our view of the evidence as recounted in the trial and appeal reasons, and as set out in the factums of the parties.

Thanks to a comment Noel Semple on the legal ethics email list to which I belong, I was alerted to the fact that the Advocates» Society has filed a factum as an intervener in the appeal by Joseph Groia of the finding against him of misconduct — «incivility,» principally — by the Law Society of Upper Canada.

If you, like me, are interested in the issue of enterprise liability and the application of Salomon, you can still get your fix from the parties» factums in this appeal, available online here.