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Should you reference case law from Canlii in your Case Conference brief

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  • 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

  • #2
    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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    • #3
      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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      • #4
        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.

        Comment


        • #5
          Originally posted by OrleansLawyer View Post
          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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          • #6
            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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            • #7
              Thanks for the excellent reference OrleansLawyer...

              Thank-you all for your feedback and advice
              Last edited by bake; 11-06-2016, 11:52 AM. Reason: adding additional information

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              • #8
                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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                • #9
                  Absolutely acceptable. Search court of appeals of other provinces as well.

                  Comment


                  • #10
                    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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                    • #11
                      These type of games of hide the evidence are irrelevant. If your case law is "good" they are either going to recognize that and change their tune.

                      If it is "bad" they are going to recognize that and explain to you why they don't think it applies potentially saving you embarassment in court.

                      There is a chance your case law is good or bad so they try to find counter arguments etc... and the extra time they have is an advantage. This is a negligible benefit versus the first 2. Most family law cases are pretty standard stuff, and lawyers will be able to have competing case law.

                      If you want, ask that they send you "all" the case law they plan on presenting as well.

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                      • #12
                        Thank-you very much Arabian...
                        Last edited by bake; 11-12-2016, 12:28 PM. Reason: adding additional information

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                        • #13
                          On the subject of case law, it bears mentioning that there is a list of commonly cited family cases, found here:
                          Family List of Cases | Superior Court of Justice

                          If those cases help you, use them.

                          If those cases help your ex, look to see if the facts of your case can be distinguished from the facts of the case that help her.

                          Comment

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