I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Do I then make my arguments as to the length and reasonableness of the delay, the fact that I have not waived my right to a prompt trial, and demonstrate the increased prejudice to my defence case imposed by an unreasonable delay? Or is this all stuff for the factum? If so, how much do I put in the affidavit? Or is it enough to just make a single statement that the content in my factum is indeed accurate and truthful? This is my gut feeling (facts and argument in factum, statement that it is true in affidavit) and the way I'll lean, but it would take a load off to know for sure :) Finally, if I cite case law and want to include a copy of the decision in my submissions, do I need to fax all 50-60 pages along to the Attorneys general of Canada and Ontario as well?
I'm submitting my 11b motion this week and have a couple of questions about how to organise it. Where do I draw the line between a factum and an affidavit? I've been writing the affidavit as a rundown of steps I've taken since the charge has been laid and how each has been responded to by the Crown and the court system. Do I then make my arguments as to the length and reasonableness of the delay, the fact that I have not waived my right to a prompt trial, and demonstrate the increased prejudice to my defence case imposed by an unreasonable delay? Or is this all stuff for the factum? If so, how much do I put in the affidavit? Or is it enough to just make a single statement that the content in my factum is indeed accurate and truthful? This is my gut feeling (facts and argument in factum, statement that it is true in affidavit) and the way I'll lean, but it would take a load off to know for sure
Finally, if I cite case law and want to include a copy of the decision in my submissions, do I need to fax all 50-60 pages along to the Attorneys general of Canada and Ontario as well?
Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then? As for faxing these off, do I need to include full copies of the the jurisprudence I am using in support of my argument? Or is this solely needed for reference within the court itself, and thus only needs to be included in the copies going to the Prosecution and the Court?
Ok, so it looks like the play by play of how my case has unfolded thus far is for the affidavit, and the legal argument alone is in the factum, and referenced by the affidavit. So I suppose it makes sense to reference/present the affidavit first then?
As for faxing these off, do I need to include full copies of the the jurisprudence I am using in support of my argument? Or is this solely needed for reference within the court itself, and thus only needs to be included in the copies going to the Prosecution and the Court?
I was involved in a collision a while ago. I was doing a left turn/u-turn in an intersection at the same time as someone else was doing a right-turn on the crossing road. There was no "no-u-turn" sign. My light was green and his was red. We basically converged in the center lane. There wasn't any…
Hey guys i'm new, i have a question about sticker renewal.
I pulled out my mail today and got a sticker renewal mail from ServicesOntario but new envelope letter different to my mom's one, mine expire in June and Mom is in July, i was reading the letter and saw that "Outstanding Fines 186$" and…
Guys back in january i got a speeding ticket on dvp, but i am 90% sure he did not caught me on radar, i asked for disclosure request and i just received today, I have asked for: a full copy of the police officers notes, a copy of both sides of the officers copy of the ticket, witness will say…
New thread created with posts copied over, orginals post deleted from a unrelated thread
David94Pro wrote:As far as I have been told if an officer asks you to open your hood during a traffic stop you can ask him to see his mechanics licence and DO NOT have to open your hood at all. and he is…
I'm considering buying a strap-on motor for a bicycle for this summer, such as the one at www.motorizedbicycle.ca/bicyâ¦ant-head-bike-motor-kit.html . However, I haven't been able to find any clear answers about what part of the law, if any, they fall under. The kit in question has a motor with a…
So Again, I really don't know how I'm attracting attention to myself, but I am.
Saturday at 1:30 in the morning I was pulled over on the 400 for 142 in a posted 100 Zone. Honestly, I know I was speeding, but I thought maybe 110-120 (I'm trying to clean up my act.) Anyways, Pulled over, Ticketed,…
Sorry if i may be posting in the wrong thread my questions are as follows;
1. Are Highway Traffic Act Matters Kept Public? Say if someone did an Appeal would that appeal be kept as public record accessible to anyone who may need it for reference?
