Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-11-2016, 10:08 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,559
trinton has a little shameless behaviour in the past
Default Case law in affidavit

When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit? Where would you document case law that you wish for counsel to review in a motion?
Reply With Quote
  #2 (permalink)  
Old 11-11-2016, 10:55 PM
arabian's Avatar
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 9,854
arabian will become famous soon enough
Default

Have you read any of the readily-available material online about initiating an application in family court in your province?

You are required to use the proper court forms and the forms are pretty specific about what to include and what not to include.

I am not going to give you any links because I think you should be able to figure this out on your own.

Now you can see the value of having a lawyer will experienced staff who prepare these sorts of things right? I self-represented for response to a matter this summer and I silently blessed my lawyer for having taken care of all the forms and filing/serving matters for so many years.

You can definitely do this yourself but now you can understand why a lawyer charges 350.00/hr because he has to have expertise/knowledge and staff to do the stuff that you are sweating over (probably for many days) right?

You will figure it out.
Reply With Quote
  #3 (permalink)  
Old 11-12-2016, 01:01 AM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,559
trinton has a little shameless behaviour in the past
Default

that didn't answer my question.

Keep in mind this is a motion and not an application.

I certainly don't see anywhere to put the case law in the notice of motion, however I see that I can reference documents in the continuing record.

Would case law go in as part of an affidavit? Yes or No?

Yes I do wish to retain a lawyer, but they say I don't need one right now and can represent myself and save a lot of time until the records are ready and the factums and final affidavits are required..

My affdavit seems to be perfect as per the lawyers but I wish to add to it and add case law - perhaps I shouldn't touch it if it is so good.

Perhaps you could have a look at my post regarding choosing a lawyer.. would be interested in your 0.2 cents - the lawyer in hamilton is a male lawyer - I know you're not a big fan of female lawyers.
Reply With Quote
  #4 (permalink)  
Old 11-14-2016, 09:58 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by trinton View Post
When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit? Where would you document case law that you wish for counsel to review in a motion?
You cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.

Last edited by Tayken; 11-14-2016 at 10:08 AM.
Reply With Quote
  #5 (permalink)  
Old 11-14-2016, 10:13 AM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,486
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by arabian View Post
Now you can see the value of having a lawyer will experienced staff who prepare these sorts of things right?
I doubt it. What Trition lacks in a trust. If Triton ever wants to understand the massive legal bill Triton should review the postings that Triton makes to this forum. If communications were like this with the lawyer it explains why Triton has a huge legal bill.

When hiring a professional you need to trust them. You are effectively outsourcing the knowledge in your matter. If you don't trust the partner you have retained to KNOW this stuff then you are going to question everything. When you question everything you end up paying HUGE legal bills.

I would guess that 90% of Triton's legal bill is "training" related because for some reason Triton lacks "trust" in the professionals that Triton retains. The reality is if you don't trust anyone other than yourself you are going to have MASSIVE legal bills... Then when self representing you everything is going to blow up in your face.

I suspect Triton will be the next "the system is broken" and "the system is fixed to a gender" parent that rants and raves on this forum. Triton is lining up to be the next "resourceful" parent and I suspect will be banned from the forum or rage quit in the next 6-8 months if Triton doesn't seek counselling.

Good Luck!
Tayken
Reply With Quote
  #6 (permalink)  
Old 11-14-2016, 11:49 AM
Senior Member
 
Join Date: Jul 2012
Posts: 1,679
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit?
No.

Quote:
Where would you document case law that you wish for counsel to review in a motion?
You do not care what counsel reviews.

However, if you want the judge to review it, you can:
1 - Include a case book / book of authorities.
2 - Better yet, include a factum.

Quote:
You cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.
This is accurate and helpful.
Reply With Quote
  #7 (permalink)  
Old 11-14-2016, 05:24 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,559
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Tayken View Post
I suspect Triton will be the next "the system is broken" and "the system is fixed to a gender" parent that rants and raves on this forum. Triton is lining up to be the next "resourceful" parent and I suspect will be banned from the forum or rage quit in the next 6-8 months if Triton doesn't seek counselling.

Good Luck!
Tayken
Been doing counselling for a while my friend. Counselling doesn't bring your children closer to you nor does it give you more time with them. It helps you hope with the stresses and anxiety that is caused upon you by some of these "non-custodial" friendly court orders

Last edited by trinton; 11-14-2016 at 05:26 PM.
Reply With Quote
  #8 (permalink)  
Old 11-14-2016, 08:30 PM
trinton's Avatar
Senior Member
 
Join Date: Feb 2016
Posts: 1,559
trinton has a little shameless behaviour in the past
Default

Quote:
Originally Posted by Tayken View Post
You cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.
Thanks, that's perfect.

I found a sample online if anyone else ever comes across this question:

https://www.attorneygeneral.jus.gov....ties_Tab_1.pdf
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
How the case conference went twokids Divorce & Family Law 127 12-07-2014 04:03 PM
Case Conference Brief Nadia Divorce & Family Law 3 05-24-2012 10:12 AM
Need advice for upcoming Case Management appointment DeborahK Divorce & Family Law 11 05-16-2012 10:21 PM
My Case FightingFather Divorce & Family Law 11 05-14-2012 05:48 AM
Citing Case Law justafool Common Law Issues 29 09-18-2009 08:17 PM


All times are GMT -4. The time now is 02:11 AM.