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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
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.