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Ontario Highway Traffic Act

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Factums, do i need one?
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PostPosted: Mon Jan 18, 2010 11:38 am 
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I am posting this in here as well as the "6 demerit sub forum" see if i can get more of a response.

i am helping a friend fill out the form4f, factum and affidavit for non disclosure.

he has been charged with careless after his truck left the road on a tight corner while it was raining.

he has requested disclosure twice and still not received or heard anything.

what i would like to know is what exactly is a factum and what should it contain?
is it absolutely necessary?

any help is appreciated.
thanks.


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PostPosted: Mon Jan 18, 2010 1:05 pm 
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You should have a factum. A factum is where you explain how the Crown handled the case and how they infringed your friend's Charter rights, with references to case law, etc. Here's a general overview of the 4F, Factum and Affadavit:

http://www.ticketcombat.com/step4/paperwork.php

And a link to some suggestions for writing a factum:

http://www.davidstratas.com/queensu/factum.htm

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Mon Jan 18, 2010 1:24 pm 
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thanks,
I've been reading that site. I was kinda hoping someone had an example factum for non disclosure.

is there a format that it must be written in? such as the form4f and the affidavit.

Is it just a matter of itemizing your points and then providing case law to support your case for non disclosure?

thanks.


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PostPosted: Mon Jan 18, 2010 7:09 pm 
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Location: Toronto
I think this web page might have a little more info:

http://fightyourtickets.ca/tickets/appl ... oceedings/

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* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


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PostPosted: Mon Jan 18, 2010 7:25 pm 
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Joined: Thu Dec 03, 2009 10:07 am
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Thanks once again. That's a cool link.

I think i have it sorted, i looked at all the example factums on ticket combat and pieced together one that should suit my friends needs.


Cheers.


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