Announcement

Collapse
No announcement yet.

Case law in affidavit

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • 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?

  • #2
    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.

    Comment


    • #3
      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.

      Comment


      • #4
        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, 11:08 AM.

        Comment


        • #5
          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

          Comment


          • #6
            When you prepare an affidavit for a motion you are seeking, do you list case law in the affidavit?
            No.

            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.

            You cannot put case law in an affidavit. It will be struck. It goes in a Book of Authorities.
            This is accurate and helpful.

            Comment


            • #7
              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, 06:26 PM.

              Comment


              • #8
                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

                Comment

                Our Divorce Forums
                Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
                Working...
                X