Sentences with phrase «factums on»

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.

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

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 factums?

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.

Having recanted the evidence on cross, she proceeded to repeat the same misstatements in her factum on the motion.

Not exact matches

This would imply that on Orthodox conciliar theory a council could be declared ecumenical only post factum, and can not be seen as such beforehand.

As creative workshops all over the world expand their offerings in digital fabrication (in addition to those mentioned here, the Centre for Fine Print Research in Bristol and Factum Arte in Madrid are notable)-- and artists continue to explore these media on their own — we are likely to enjoy the blossoming of completely new arms of creative endeavor.

The faulty claim and emphasis occurred in the paper itself and no amount of post factum commentary on non-robustness goes even half way to rectifying the situation.

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.

The work around mentioned of course is the practice of describing this work on dockets not as «legal research» but as «drafting factum» or «analyzing question of vicarious liability,» something which seems unfortunate and should be unecessary.

Writing academic articles on complex legal topics won't necessarily prepare you forthe days when you'll need to draft a factum in a succinct and straightforward manner.

It's fairly widely known that most judges» minds are pretty much made up prior to hearings based on factums and other legal research.

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.

On Monday she was feeling anxious about one tough factum but instead of spending the morning hammering it out she wasted 20 minutes surfing the net and then a couple of hours on emaiOn Monday she was feeling anxious about one tough factum but instead of spending the morning hammering it out she wasted 20 minutes surfing the net and then a couple of hours on emaion email.

* 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?

I support the availability of factums for Access on Canlii.

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..

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.

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».

The Factum filed earlier this week focuses on 6 issues:

Any person who fails to exercise reasonable care in signing a document is precluded from relying on non est factum as against a person who relies upon that document in good faith and for value.

«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.

In practice, that means that once I have completed work on drafting the guts of a factum, pleading, or legal argument, the limited retainer is at an end, unless I am newly retained for an additional strictly defined task.

The Mr. Big technique is not used in the United States (see R v Osmar, 2007 ONCA 50 at para 55) and no cases have been found using the Mr. Big technique on American soil (see Hart, Factum of the amicus curiae at para 25 n 51).

If you can't afford the full cost of a factum, for instance, you might consider the value of having a lawyer research and write up a summary legal argument on your behalf, from which you may construct your own factum.

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

Recent litigation includes acting for a receiver in a claim to recover possession from trespassers and mortgagors; acting for a claimant in a trial to establish a prescriptive right to park; acting for a former cohabitee in a claim for a beneficial interest of property under TOLATA; acting in a claim for an injunction and damages in respect of trespass and nuisance; acting for a mortgagee in a contested mortgage possession claim defended on the grounds of undue influence, non est factum and unconscionable bargain; acting for a defendant in a claim for damages for unlawful eviction; and acting for a landlord in a claim for renewal of a business tenancy.

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.

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.

CCD / CACL argued in their factum Criminal Code prohibitions on assisting suicide and on euthanasia are justified and in accord with the principles of fundamental justice.

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

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.

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.

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

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).

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).

Having read the Crown's factum, portions of the trial transcript and having heard Crown counsel's arguments, we are satisfied that the trial judge's comments throughout the proceedings and in his reasons gave rise to doubts about the trial judge's understanding of the law governing sexual assaults and in particular, the meaning of consent and restrictions on evidence of the complainant's sexual activity imposed by section 276 of the Criminal Code.

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.

In their factum [read full submission] IAVGO and ONIWG argued that scientific certainty is not required (and in fact definitive scientific evidence on work - related causation rarely exists).

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.

Another series of suggestions advocated instruction in small groups, factums, and emphasis on noting up.

On copyright, there was no clearly dominant position although respondents were attracted by the idea that factums were documents created for a specific public purpose, and should be made publicly accessible.