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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 11-02-2016, 07:01 PM
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Default Should you reference case law from Canlii in your Case Conference brief

Can anyone comment on whether you should include references from Canlii (case law) when submitting you case conference brief?

I would like to show the references that support my position but do not want to give anyway "my hand" so to speak if there is no agreement reached and it has to move on to the next step.

Thanks in advance
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Old 11-02-2016, 08:24 PM
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Yes....I sure did when I was going through my case, and it shows the other party and the court that you are doing your due diligence, and not just pulling stuff from your *you know*
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Old 11-02-2016, 08:44 PM
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Naa .... I didn't show that stuff in my briefs. I kept my caselaw close to my chest for motions where real decisions could be made. Don't show your hand too early. I did however have caselaw with me that I surprised the OP with during the conference. OP's lawyer argued it wasn't in my materials.....judge replied that he'd like to see it .... and quite enjoyed it.
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Old 11-03-2016, 07:06 PM
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Quote:
Can anyone comment on whether you should include references from Canlii (case law) when submitting you case conference brief?
Yes. Include the case as an appendix to the brief. I cannot see a downside to this.
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Old 11-04-2016, 11:38 AM
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Yes. Include the case as an appendix to the brief. I cannot see a downside to this.
Judges want briefs to be "brief". Attaching case law could potentially transform them from "brief" to "big".
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Old 11-04-2016, 04:17 PM
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Quote:
Judges want briefs to be "brief". Attaching case law could potentially transform them from "brief" to "big".
Some like it; some do not.

I have found numerous pieces of good advice in the following article:
https://www.oba.org/en/pdf/a_judges_view.pdf

Paragraph 42 speaks to case law in settlement conference briefs; if you have your ducks in a row at the case conference the same advice applies in my opinion.
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Old 11-06-2016, 11:18 AM
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Thanks for the excellent reference OrleansLawyer...

Thank-you all for your feedback and advice

Last edited by bake; 11-06-2016 at 11:52 AM. Reason: adding additional information
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Old 11-12-2016, 11:24 AM
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Can the case law come from other provinces? I have many citations that come from outside of Ontario which are very relevant. I would like to know if they are acceptable to include.
Thanks
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Old 11-12-2016, 12:09 PM
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Absolutely acceptable. Search court of appeals of other provinces as well.
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Old 11-12-2016, 12:16 PM
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Quote:
Originally Posted by bake View Post
Can the case law come from other provinces? I have many citations that come from outside of Ontario which are very relevant. I would like to know if they are acceptable to include.
Thanks
No, not really.
If the case law comes from Supreme Court judgments yes.

If the case law is regarding the divorce act and there isn't much in your province then a little bit.
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