FACTUMS

Appellant’s Factum

  •  (1) An appellant shall prepare an appellant’s factum unless

    • (a) the appellant is not represented by counsel and has stated in the notice of appeal that he or she desires to present oral argument only;

    • (b) the appeal is against sentence only; or

    • (c) the Court orders otherwise.

  • (2) The appellant’s factum shall be signed by the appellant or the appellant’s counsel and shall consist of

    • (a) Part I, containing a concise summary of the facts relevant to the issues in the appeal, including identification of the court appealed from and the result in the court appealed from, with reference to the evidence by page and line,

    • (b) Part II, containing a concise statement setting out clearly and particularly the points in issue in the appeal,

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on,

    • (d) Part IV, containing a statement of the order that the Court will be asked to make,

    in paragraphs numbered consecutively throughout the factum; and

    • (e) Schedule A, containing a list of the authorities relied on with a reported citation if available and a court citation if not, and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues on appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority and relevant provision separately tabbed.

  • (3) Unless authorized by the Chief Justice, Part III, excluding the Schedules, shall not ordinarily exceed 40 pages in length.

Respondent’s Factum

  •  (1) Subject to Rules 15(4) and 17(2), each respondent shall prepare and file a respondent’s factum.

  • (2) The respondent’s factum shall be signed by the respondent or the respondent’s counsel and shall consist of

    • (a) Part I, containing a statement of the facts in the appellant’s summary of relevant facts that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with reference to the evidence by page and line,

    • (b) Part II, containing the position of the respondent on the points in issue in the appeal,

    • (c) Part III, containing a concise statement of the argument, law and authorities relied on,

    • (d) Part IV, containing a statement of the order that the Court will be asked to make,

    in paragraphs numbered consecutively throughout the factum; and

    • (e) Schedule A, containing a list of the authorities relied on with a reported citation if available and a court citation if not, and

    • (f) Schedule B, containing

      • (i) an index,

      • (ii) the headnote and the relevant portions of the text, or the complete text if most of the text is relevant to the issues on appeal, of the authorities relied on, and

      • (iii) all relevant provisions of statutes, regulations and by-laws, with each authority and relevant provision separately tabbed.

  • (3) Unless authorized by the Chief Justice, Part III, excluding the Schedules, shall not ordinarily exceed 40 pages in length.

  • (4) A respondent who is not represented by counsel need not comply with this Rule.