2.7 Write your argument (factum)
What is a factum?
A factum is the written argument that you will use to present your appeal. It explains what your appeal is all about. Your factum must be filed not more than 30 days after filing your appeal record, along with your transcripts and appeal book.
File your factum not more than 30 days after filing your appeal record.
You must prepare your factum in accordance with the completion instructions for factums.
The completion instructions for factums tell you exactly how your factum must appear. There are also Word templates which incorporate all of the formatting requirements set out in the instructions (e.g. page numbering requirements, font type and size etc.). Be sure to follow the completion instructions and use the word templates provided.
What does a factum contain?
Your factum must contain:
- A table of contents.
- A chronology of the relevant dates in the litigation.
- An opening statement, which is a concise (one page) statement identifying yourself as the appellant, the court or tribunal appealed from, and the result of your case in the previous proceedings. Your opening statement must set out the essential point of your appeal; that is, the main reason why your appeal should succeed.
- Part 1: A statement of facts (a concise statement of the history of the proceedings and the facts of the case). The source relied on for a statement of fact (e.g., testimony; an exhibit; reasons for judgment) must be identified by referring to the volume and page number where it is found in the appeal record, appeal book, or transcript.
- Part 2: Errors in judgment (a concise statement of why you claim the previous judgment or order is incorrect).
- Part 3: Your legal argument (a concise outline of the facts, along with the legislation and case law to be discussed). Indicate the volume and page number of the appeal record, the appeal book, or the transcript that you are referring to. You must provide legal authorities in support of each point (e.g., legislation, or a previous case similar to yours). If you are including a part of the statute that you are referencing, it must be included as an appendix to the factum.
- Part 4: Nature of the order sought (a concise statement of the order that you wish to obtain on appeal, including any special order respecting costs).
- A list of authorities. (This section follows the appendix. List your legal authorities [case law or legislation] in alphabetical order, referencing the page or paragraph in the factum to which it applies.)
Your factum must not:
- Reproduce material contained in your appeal record or transcript
- Exceed 30 pages (unless a judge has ordered otherwise)
Not more than 30 days after filing the appeal record, you must:
- File the factum. If you file in paper you will need at least 6 copies – 4 for use by the court, one copy for your own use, plus one copy to serve on every respondent.
- Serve one filed copy of the factum on each respondent.
Your factum should be filed at the same time as your appeal book.