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Factums, Do I Need One?

Posted: Mon Jan 18, 2010 10:38 am
by slopoke

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.


Posted: Mon Jan 18, 2010 12:05 pm
by Radar Identified

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

Posted: Mon Jan 18, 2010 12:24 pm
by slopoke

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.


Posted: Mon Jan 18, 2010 6:09 pm
by Radar Identified

I think this web page might have a little more info:


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

Posted: Mon Jan 18, 2010 6:25 pm
by slopoke

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.