Writing a Factum - Non-Appeal

From Riverview Legal Group

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-07-20
CLNP Page ID: 822
Page Categories: [Legal Writing]
Citation: Writing a Factum - Non-Appeal, CLNP 822, <3J>, retrieved on 2024-07-20
Editor: P08916
Last Updated: 2021/08/17

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Writing a factum is the process of writing submissions. A factum is nothing more than a fully thought-through written argument for submissions.

Contents of a Factum[1]

The moving party shall serve a motion record and transcripts of evidence, if any, as provided in subrule 61.03 (2), and a factum consisting of the following elements:
1. Part I, containing a statement identifying the moving party and stating the result in that court.
2. Part II, containing a concise summary of the facts relevant to the issues on the proposed appeal, with such reference to the evidence by page and line as is necessary.
3. Part III, containing the specific questions that it is proposed the court should answer if leave to appeal is granted.
4. Part IV, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue.
5. Schedule A, containing a list of the authorities referred to.
6. Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws. O. Reg. 61/96, s. 6; O. Reg. 333/96, s. 2 (2).
Parts I to IV shall be arranged in paragraphs numbered consecutively throughout the factum. O. Reg. 61/96, s. 6.
The moving party shall file three printed copies of the motion record, factum and transcripts, if any, and an electronic version of the factum, with proof of service, within 30 days after the filing of the notice of motion for leave to appeal. O. Reg. 61/96, s. 6; O. Reg. 82/17, s. 7 (2).


PART I (The Applicant and the Respondent)

  • This section of the factum is to allow the reader to identify who the parties to the proceeding are and what role they play in the desired outcome.

PART II (Nature of the Case & Issues)

  • The nature of the case refers to the type of legal proceeding, for example, is this a case involving a tort, a claim for injunctive relief, a declaration of interests, breach of contract, commercial tenancies dispute, or perhaps an estate litigation case. In any event, this is the section that you let your reader know what to expect in the factum moving forward.
  • The issues referees to the nature of the problems that have brought this dispute to the court or tribunal in the first place.

PART III (Summary of the Facts Relevant to the Issues)

  • Draft a timeline based on the affidavit evidence that you have submitted. Think of this as the process of the legal representative summarizing the testimony put forth by their client in the client's affidavit evidence. The goal is to summarize all of your affidavit evidence into a single cohesive narrative for the court to understand.

PART IV (Statement of Each Issue Raised, with Argument)

  • Layout the legal issues to be decided, this is just a restatement of what was said in Part II.
  • Start by laying out the legal framework you want the judge to base their decision on. Another way to understand this is, what are the causes of action in law, the writer needs to show what are the different elements of the legal principles that are being used, or what legal tests they are relying upon.
  • Present a legal analysis of how your facts apply to the legal framework you have presented and make submissions to the court on the conclusions you have derived from your analysis. (show your work)


  • This is the section of the factum where you tell the court or tribunal exactly the order you want the court or tribunal to make. Some courts or tribunals also require that you include a copy of a draft order you are seeking.

Schedule A

  • List of Satatory Authorities relied upon

Schedule B

  • Lisy of Caselaw with hyperlinks


  1. 1.0 1.1 R.R.O. 1990, Reg. 194: RULES OF CIVIL PROCEDURE, <https://www.ontario.ca/laws/regulation/900194>, reterived July 27, 2020