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-   -   Can I cite case law in an affidavit ? (http://www.ottawadivorce.com/forum/f3/can-i-cite-case-law-affidavit-21319/)

plainNamedDad44 09-13-2017 11:29 AM

Can I cite case law in an affidavit ?
 
Hi all, I am preparing a notice of motion regarding the sale of the marital home, specifically to dispense with STBX's consent on pertinent documents.

There is case law, except my case is more egregious. Questions:

1. Is it appropriate to cite case law in my affidavit ?
2. If not, how do I bring the case law to the Justice's attention ?

Thank you

OrleansLawyer 09-13-2017 11:49 AM

Quote:

1. Is it appropriate to cite case law in my affidavit ?
You can swear that anything is true (so long as it is true), but it is generally unhelpful.

Quote:

2. If not, how do I bring the case law to the Justice's attention ?
The best option is by preparing a factum.

Otherwise, you can prepare a book of authories and file it in advance of your motion, or to bring the case with you to court. Either way, you will have provided the case to opposing counsel beforehand. A prudent litigant would highlight the sentences that are relevant or will be referenced.

Tayken 09-13-2017 02:07 PM

Preferably with a yellow highlighter. Don't use a dark colour. I just had to read a photo copy of a BoA that someone used an orange one on... Ugh. It came out as brown streaks and I had to pull it all myself and re-do.

foreverhome 09-14-2017 10:43 AM

Quote:

Originally Posted by plainNamedDad44 (Post 223548)
Hi all, I am preparing a notice of motion regarding the sale of the marital home, specifically to dispense with STBX's consent on pertinent documents.

There is case law, except my case is more egregious. Questions:

1. Is it appropriate to cite case law in my affidavit ?
2. If not, how do I bring the case law to the Justice's attention ?

Thank you

You can cite anything you want. But it all come to the best interest of the children (if you have any). Good luck


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