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Can case laws be included in affidavit ?

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  • Can case laws be included in affidavit ?

    Can I include case laws in an affidavit? This is an affidavit for a motion that is being re-opened before decision is released

  • #2
    Originally posted by 416excouple View Post
    Can I include case laws in an affidavit? This is an affidavit for a motion that is being re-opened before decision is released
    Anyone has any take on this ?

    Comment


    • #3
      Originally posted by 416excouple View Post
      Anyone has any take on this ?

      I believe the answer is no but perhaps there are no answers because there need to be more details.

      Why is there a motion to reopen a case before a decision? Who is filing the motion? What kind of motion is it? Does it include evidence not provided at trial? Would it be better served as an appeal? Does the case law apply to the reason for filing? Does the case law outline precedent to file?

      All of this and more might help answer the question OR there is no answer on a forum and you need to get a lawyer.

      Comment


      • #4
        Originally posted by rockscan View Post
        I believe the answer is no but perhaps there are no answers because there need to be more details.

        Why is there a motion to reopen a case before a decision? Who is filing the motion? What kind of motion is it? Does it include evidence not provided at trial? Would it be better served as an appeal? Does the case law apply to the reason for filing? Does the case law outline precedent to file?

        All of this and more might help answer the question OR there is no answer on a forum and you need to get a lawyer.
        Thank you Rocksan. Not a motion. Judge seized on the matter granted leave to a request to reopen and present 'new evidence' before decision is released. Parties are to file affidavits (requester can also file reply affidavit) and re-appear. no mention of factum

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        • #5
          I don't know but judges are not perfect so don't expect them to know everything.

          Paragraph x: I brought my concern forward because of a ruling made December 1, 2017 (canlii link) that stated x.

          Expert opinion is expert opinion and a judge is an expert in law.

          Maybe you are referring to tax law and the family court judge is not an expert in tax law but some other judges are.

          What if it was a doctor, they wrote decisions /opinion and that is relied on as evidence.

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          • #6
            Originally posted by 416excouple View Post
            Can I include case laws in an affidavit?
            No need to actually attach the case law, but you can certainly reference the case and quote the important section.

            Comment


            • #7
              Going through the Notice to profession Case Law is to be via hyperlink only.

              Comment

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