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

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Old 11-10-2013, 07:58 AM
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Default How to site items or other cases in a motion

Hi all , hope everyone is good.


I`m preparing a motion for a Surname change, members here have been very helpful in providing the items to site, but I`m a little confused how to incorporate them into a Motion. I`m planing on doing a brief pre-amble for each item and its relevance to what I`m looking for but I`m not sure where to incorporate them.

-Do I include the cases/relevant law quote in full in the Affidavits?
-Do I print out the cases/relevant law in full and make copies and list them as Exhibits?
-Do I site the names and case numbers/relevant law in the motion/Affidavit and the judge does some home work?

-Other format?

Thanks
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Old 11-10-2013, 08:29 AM
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First, sorry to be pedantic, but you are "citing" with a citation, not "site" like a blog entry. If you have to make a reference such as "(see citation below)" you had better spell it properly.

Do not print out an entire piece of legislation, these can run many pages, sometimes hundreds. The purpose of a citation is to allow the reader to locate published material; you do not generally provide a copy of the book. You should cite the appropriate paragraph and sub paragraph:
Quote:
Family Law Act, RSO 1990, c F.3
PART I
FAMILY PROPERTY
Definitions
4. (1)
"“net family property” means the value of all the property, except property described in subsection (2), that a spouse owns on the valuation date, after deducting,
(a) the spouse’s debts and other liabilities, and
(b) the value of property, other than a matrimonial home, that the spouse owned on the date of the marriage, after deducting the spouse’s debts and other liabilities, other than debts or liabilities related directly to the acquisition or significant improvement of a matrimonial home, calculated as of the date of the marriage; (“biens familiaux nets”)"
Similarly, if you are quoting case law, quote the appropriate paragraph of a judge's decision. If you are quoting from a textbook or major report that may be hundreds of pages in length, you would not provide the actual book. If the evidence is unique and not publicly available, you would of course submit the entire piece as evidence. An example might be a training manual that was produced for a particular business.

If you are citing personal correspondence or a contract agreement, include the entire thing in your appendix, but in your affidavit you would quote only the relevant paragraph. If the context is not obvious, then make sure you are clear and quote enough enough material before and after the relevant section.

Here is an excellent resource for doing legal citations:
Legal Citation | Queen's University Library

Here is another:
http://library.law.utoronto.ca/legal-citation
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