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Old 09-13-2017, 12:29 PM
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Default 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
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Old 09-13-2017, 12:49 PM
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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.
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Old 09-13-2017, 03:07 PM
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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.
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Old 09-14-2017, 11:43 AM
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Quote:
Originally Posted by plainNamedDad44 View Post
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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