Writing a Factum - Non-Appeal: Difference between revisions

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===Legal Reference Guide===
===Contents of a Factum<ref name="ROCP"/>===
* RULES OF CIVIL PROCEDURE<ref name="ROCP"/>
 
61.03.1 (4) 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 the court from which it is proposed to appeal, 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).
 
:(5) Parts I to IV shall be arranged in paragraphs numbered consecutively throughout the factum.  O. Reg. 61/96, s. 6.
 
:(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).




Revision as of 15:52, 27 July 2020


Overview

Contents of a Factum[1]

61.03.1 (4) 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 the court from which it is proposed to appeal, 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).
(5) Parts I to IV shall be arranged in paragraphs numbered consecutively throughout the factum. O. Reg. 61/96, s. 6.
(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).


[1]

PART I (The Appellant and Court Appealed From)

PART II (Nature of the Case & Issues)

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

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

PART V – ORDER SOUGHT

References

  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
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