Tuesday, December 4, 2012

In which I file an Affidavit

I mentioned already that when you file a Statement of Claim, you put your whole case into one document, but when you file a Motion, there are three documents involved. The first two are the Notice of Motion and the Affidavit, which together are more or less the equivalent of the Statement of Claim, in that you are providing notice to the other side of the factual basis of your claim. Today we'll do a quick review of my Affidavit.

The basic template Form 4d from Queens Bench website. Paragraphs 1 and 2 are just the standard preamble. In paragraphs 3 through 6, I give the reasons for my motion; you can see I make a bit of an argument, even though in theory I'm supposed to be sticking strictly to facts. In any case, it's what I claim: that if allowed to attend each other's testimony, there is reasonable apprehension that they will tailor their evidence to harmonize with that of their co-defendants.

Then I have to list the documentary evidence I will be using to support my motion. In paragraphs 7, 8 and 9 I list three documents:

1. The Registrar's Report of January 20th 2012 in which I am formally suspended. In this report he basically sets out the entire narrative, from the University's point of view, of why I was expelled. You can read it here.

2. The diary of Hiep Tram, the classroom teacher who put together an extremely prejudicial dossier against me.

3. The letter from the Prinicipal of Gordon Bell to the University, requesting that I be removed from the practicum.

Most of the contents of the latter two documents can be found in my Statement of Claim, where I list the defamatory statements for which I am seeking damages. In any case, in my Affidavit I am required to list all the documents I will be using when I argue my motion, and those documents were attached to the hard copy which I filed with the Court and distributed to opposing counsel.

Which brings us to the crux of the matter: my argument. The argument is laid out in my Brief, which you can also read online. When we return, I'll tell you more about my Brief.

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