And if you go to the scheduled hearings page and click on the name of any of the cases, you will be able to find
the factums filed by the parties.
And if you go to the scheduled hearings page and click on the name of any of the cases, you will be able to find
the factums filed by the parties... [more]
Currently finding pleadings, motion records, or
factums filed with the courts online is nearly impossible.
The Intervenor agrees with the facts stated in
the Factums filed by the Appellant Crown (the «Crown») and the Appellant Maurice Genereux («Dr. Genereux, respectively»).
The Factum filed earlier this week focuses on 6 issues:
A blog of mine (on Ablawg, http://ablawg.ca/) was referred to in
a factum filed by the appellant in an oil and gas case.
Not exact matches
(Provinces opposing the Harper government have until Feb. 11 to
file their
factums.)
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.
Wool and cotton tapestry woven by flanders tapestries from
files prepared at
factum arte.
* 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.
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.»
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.
In this situation, the appellant had, in fact,
filed a Reply
factum, and the respondent brought a motion to strike the
factum.
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.
The applicable rule in this case provides that a party may
file a reply
factum to respond to any «issue on which the moving party has not taken a position in the moving party's
factum».
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.
(The accused did not appear at the appeal hearing and did not
file a
factum.)
A large application record was prepared, including evidence from expert witnesses; there were 6 days of cross-examinations; and an 80 - page
factum was
filed in support of the application.
The proposed interveners intend to
file one joint
factum of 20 pages or less and make oral submissions not exceeding 20 minutes.
a civil appeal is perfected when the last
factum is
filed.
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 weeks.
Permission to intervene is granted; the applicants have leave to
file one joint
factum limited to 20 pages.
Following her review of the materials
filed by the plaintiff's lawyer and her thorough analysis of the rules governing court approval of settlements for persons under disability, Madam Justice Corthorn noted that there were a number of procedural and substantive problems with the materials before her, including but not limited to the fact that the application record was not served on the respondent and no
factum had been
filed by the applicant.
Presumably Thomson is taking the position that
filing a
factum places it in the public domain.
His application was dismissed, mainly because the Appellant had already
filed her
Factum and her counsel swore she had no recollection of the specifics of the alleged phone call, although she recalled speaking to a gentleman from Montana.
In substance, I don't see any difference between preparing a pleading (including a
factum)
filed in court that some layer then copies, or writing an article for a legal journal that tells some lawyer exactly how his or her argument should be made, even if it doesn't contain the exact words.
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.
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.
If you are not represented by a lawyer, you do not have to
file a formal
factum.
For example, a single
file for a
factum should contain the front and back pages, the index, the text and the schedules.
Their clients are among the interveners that
filed factums in the case last week, including the federal attorney general, which is arguing the law society's decision not to accredit the school was unreasonable.
The
factum of the respondent was
filed earlier this week, and may be of interest.
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 Procedure.
«Gervais
filed a brief
factum in support of her position.
Do not submit separate electronic
files for the different sections of a
factum or other document.
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.
The Court also encourages parties to
file electronic versions of their
factums and transcripts in judicial review applications to the Divisional Court.
Or what if I find some amazing writing in a
factum (the lawyer who really wanted to be a writer) that a lawyer at another firm has
filed in a court proceeding?
It should be easier and cheaper to provide public access to the
factums — the court could require them to be
filed in soft as well as hard copy, if it does not do so already.
As would be expected, Apotex (generic2) successfully requested that at least a portion of Allergan's court materials in case1 be
filed publicly, prior to the
filing of Apotex's
factum.
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.
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.
Quick follow up to my blog post from October 8th: It appears that the CBA will not
file an intervenor
factum in Chevron Corporation v. Yaiguaje.