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 01-06-2016, 06:26 PM
Senior Member
 
Join Date: Dec 2014
Posts: 241
Stillbreathing is on a distinguished road
Default Sample factums

Does anyone know where I can find a sample Factum for a support motion?
Reply With Quote
  #2 (permalink)  
Old 01-07-2016, 12:19 PM
Tayken's Avatar
Senior Member
 
Join Date: May 2011
Posts: 6,563
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 Stillbreathing View Post
Does anyone know where I can find a sample Factum for a support motion?
Search OrleansLawyer's posts. He posted a simple guide to how to write a factum I believe.
Reply With Quote
  #3 (permalink)  
Old 01-07-2016, 03:50 PM
Senior Member
 
Join Date: Jul 2012
Posts: 1,692
OrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the roughOrleansLawyer is a jewel in the rough
Default

Quote:
where I can find a sample Factum for a support motion?
A sample factum is a dangerous tool - the facts are (obviously) very case specific, and the analysis of the law hinges on the facts.

A reasonable selection of case law can be found here:
Family List of Cases | Superior Court of Justice

I recommend reviewing the cases related to your motion.

If you are desperate for a precedent factum, some options are:
1 - Look up the recent decisions in your jurisdiction that are reported on CanLII. Find one with issues similar to yours. Go to the court house and request to see the file, then pay to photocopy the facta that were prepared. There is no guarantee the clerks will permit this, however.
2 - Ask a lawyer if they can provide a factum to you on the issue, based on a similar case they have argued, with identifying information removed. If the price is reasonable (and you can find one willing to do so), that is an option.
3 - If your city has a law school, contact a professor who teaches research and writing. They may have facta that were drafted - albeit by students.
Reply With Quote
  #4 (permalink)  
Old 01-07-2016, 05:39 PM
Senior Member
 
Join Date: Dec 2014
Posts: 241
Stillbreathing is on a distinguished road
Default

Thank you. That's helpful. I can now better appreciate why legal fees are so high. It takes a tremendous amount of time to prepare legal papers, etc and write up your oral arguments. In a complicated case like mine it's virtually impossible to self rep and work at the same time.
Reply With Quote
  #5 (permalink)  
Old 01-07-2016, 05:40 PM
Senior Member
 
Join Date: Dec 2014
Posts: 241
Stillbreathing is on a distinguished road
Default

Oh and not to mention the running around, faxing, serving papers, going back an forth to court to ask about procedures
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
What are Factums? court Divorce & Family Law 13 10-02-2012 06:38 PM
Sample Application + motion Underdog Divorce & Family Law 47 04-22-2010 10:56 AM
case conference brief - sample needed nick2009 Divorce & Family Law 4 01-11-2010 10:46 PM
Sample of Separation Agreement Rao Agnihotri Divorce & Family Law 2 11-12-2009 07:29 PM
Sample Separation Agreement waterworld Divorce & Family Law 2 12-07-2006 11:06 PM


All times are GMT -4. The time now is 01:28 AM.