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.
The Supreme Court of Canada provides copies
of the factums for the parties and interveners on its website.
I don't know who if anyone is betatesting this in Canada, but it would be a good idea for Canadian researchers to check the US Westlaw version to see if all the panoply of documents available in the US is relevant or necessary in Canada, outside
of the factums that is.
The Court also encourages parties to file electronic versions
of their factums and transcripts in judicial review applications to the Divisional 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.
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.
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.
All of the factums can be retrieved from the Supreme Court website.
Those taking the survey noted that the chief use
of the factums would be for legal research purposes.
The rules requiring service of hard copies or faxes
of factums and records are hopelessly out of date, and unnecessary in the vast majority of cases.
There is some indication that the Supreme Court of Canada may be getting closer to permitting the publication
of factums on Canlii.
The privacy concern is harder — but a study
of factums might show that it's rare for there to be real issues except in family or criminal cases, as the Court suggested.
Mr. Justice J.E. Côté has an article «The History
of Factums» in the Alberta Law Review 52:1.
I support the availability
of factums for Access 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?
Even the associates who undoubtedly were involved in the research and writing
of the factum, so as to save their client money.
Here's the abstract: The history
of the factum in Canada is little known but greatly significant in the development of written argument.
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.
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.
For instance, in my law practice, I might provide a self - represented litigant a fixed quote for the drafting
of a factum.
An electronic version
of the factum must be available.
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.
There are strict rules about the maximum length
of the factum and the amount of time interveners are allotted to make their arguments.
The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of «overview» and «relief sought» sections at the beginning and end
of the factum,... read more
The importance
of a factum in litigation can not be overstated.
It would be like trying to follow the argument in an appeal court without a copy
of the factum in hand.
* 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.
Do you have a copy
of the factum used at the Court of Appeal, and is it available online?
Do not submit separate electronic files for the different sections
of a factum or other document.
The Divisional Court may reject any electronic version
of a factum or transcript that does not conform to the procedures set out in this Practice Direction.
Not exact matches
Fact: Origin: 1530 — 40; < Latin
factum something done, deed, noun use
of neuter
of factus done, past participle
of facere to do1
This was the Incarnation: Et Verbum caro
factum est. 20 And from this first, basic contact
of God with our human race, and precisely by virtue
of this penetration
of the divine into our human nature, a new life was born: that unforeseeable aggrandizement and «obediential ’21 extension
of our natural capacities which we call «grace».
Among his recent publications are «Lacan's Other and the
Factums of Plato's Soul» (in The Question
of the Other, SUNY Press.
He says the Verbum Dei incarnatum is a nudum
factum, and the quaestio prima
of all theological research is the reconstruction
of the history
of Jesus, which can solve among other things the problem
of the absoluteness
of Jesus.
The National Gallery
of Art in Washington, D.C., paid $ 4.5 million in 2001 for Serra's massive steel sculpture Five Plates, Two Poles (1971), according to sources, and New York's Museum
of Modern Art spent around $ 12 million in 1999 for Rauschenberg's combine painting
Factum II (1957).
I was thinking
of those two Rauschenherg paintings,
Factum I and II, because they started out to be two separate paintings and then by the time I finished them they were one painting.
Marina Abramovic is busy creating new work for her solo show at London's Royal Academy
of Arts in 2020, and is now collaborating with the art - tech company
Factum Arte to become a conductor
of electricity.
Historically, it looks back to Rauschenberg's
Factum I and
Factum II, and ahead to French painter Bernard Piffaretti's decades - long pursuit
of twinned compositions, but it lacks the coherence (visual and conceptual)
of the other Brushstroke paintings.
The Soane's collaboration with
Factum Arte is a brilliant counterbalance to that tendency, proposing radical new possibilities for conservation and the role
of facsimiles in a world ready to progress beyond giddy, self - consuming narratives
of simulacra and simulation, and achieve originality anew.
That Rauschenberg is acutely aware
of the ironies
of his situation is clear in his duplicated «action paintings»
Factum I and
Factum II, in which he proves the lie
of abstract expressionist spontaneity by accurately reproducing every drip and splatter.
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.
Rail: This notion
of mirror image - like copies call to mind Robert Rauschenberg's «
Factum» paintings, which inspired two consecutive exhibitions you have recently done.
Factum Arte has worked from various sources including archival photographs
of the works and damaged canvases to scan and produce facsimiles.
Similar innovations have been developed a whole host
of artists from around the world who have been attracted by
Factum Arte's unique approach to the transformation and mediation
of information and the bridges we have constructed between new technologies and traditional artisanal skills.
The Veronica Scanner is a project by
Factum Foundation, whose previous work includes a scan
of Tutankhamun's tomb in Luxor, Egypt and a re-materialised copy
of Caravaggio's Nativity with Saint Francis and Saint Lawrence in Italy.
Factum Arte, the workshop in Madrid that built the scanner and from which the Foundation emerged, has worked with a number
of Royal Academicians including Anish Kapoor, Grayson Perry, Conrad Shawcross and Gillian Wearing.
The catalogue features documentation
of Breitz's work, commissioned by The Power Plant,
Factum (2009), a series
of video portraits featuring seven sets
of identical twins and one set
of identical triplets, as well as illustrations
of key works from Breitz's oeuvre: Him + Her (1968 - 2008), Legend (A Portrait
of Bob Marley)(2005), Becoming (2003), and Four Duets (2000).
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.
Facts are facts, but a badly written
factum or statement
of claim can be fatal to a case.
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.