Criminal Proceedings Rules for the Superior Court of Justice (Ontario) (SI/2012-7)

32.01 (1) Books of authorities shall be served and filed by the applicant not later than thirty (30) days before the day first scheduled for the hearing of pre-trial applications or trial, as the case may be, unless otherwise ordered by a judge of the court under these rules.

(2) Where factums are required, books of authorities shall be served and filed by the respondent not later than ten (10) days before the first day scheduled for the hearing of pre-trial applications or trial, as the case may be, and where factums are not required, not later than five (5) days before the same date, unless otherwise ordered by a judge of the court under these rules.

(3) The books of authorities shall contain only those authorities that the parties intend to refer to in oral argument.

(4) The portions of the authorities to which reference may be made in oral argument shall be highlighted or sidebarred.

(5) The copies of the authorities shall be legible and may be printed on both sides of each page.

(6) A party shall not duplicate authorities filed by any other party.

(7) The book of authorities shall be bound front and back in coloured stock of the same colour as the party’s factum, or as the factum would be if filed.

33.01 (1) Where a judge orders or these rules require that factums be filed, each party shall serve and file a factum, to be entitled and described on its cover as “Applicant’s Factum”, “Respondent’s Factum”, or as the case may be.

(2) A factum shall be signed by counsel of record or on counsel’s behalf by someone specifically authorized to do so, or by the applicant or respondent if self-represented and the signature shall be followed by the typed name of counsel, if any, and the date.

(3) The applicant’s factum shall consist of the following parts:

• (a) Part I, with the caption, “Statement of the Case”, containing a brief but specific summary of the evidence to which the application relates, together with a statement, with reasonable particularity, of the grounds upon which admission or exclusion is made;

• (b) Part II, with the caption, “Summary of the Facts”, containing a concise summary of the facts relevant to the issues in the application;

• (c) Part III, with the caption, “Issues and Law”, containing a statement of each issue raised, immediately followed by a concise statement of the law and the authorities relating to that issue;

• (d) Part IV, with the caption, “Order Requested”, containing a statement of the order that the court will be asked to make;

• (e) Schedule A, with the caption, “Authorities to be Cited”, containing a list of the authorities referred to in the factum, together with citations, in the order in which they appear in Part III or in alphabetical order; and

• (f) Schedule B, with the caption, “Relevant Legislative Provisions”, containing the text of all relevant statues except any provisions of the Constitution Act, Criminal Code and Youth Criminal Justice Act.

in paragraphs consecutively numbered throughout the factum.

(4) The respondent’s factum shall consist of the following parts:

• (a) Part I, with the caption, “Respondent’s Statement of the Facts”, containing a statement of the facts in Part II of the applicant’s factum that the respondent accepts as correct or substantially correct, and those facts with which the respondent disagrees, along with a concise summary of any additional facts upon which the respondent relies;

• (b) Part II, with the caption, “Response to Applicant’s Issues”, containing the respondent’s position on each issue raised by the Applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;

• (c) Part III, with the caption, “Additional Issues”, and containing a statement of any additional issues raised by the respondent, immediately followed by a concise statement of the law and the authorities relating to that issue;

• (d) Part IV, with the caption, “Order Requested”, containing a statement of the order that the respondent will ask the court to make;

• (e) Schedule A, with the caption, “Authorities to be Cited”, containing a list of the authorities referred to in the factum, together with citations in the order in which they appear in Part II and Part III, or in alphabetical order; and

• (f) Schedule B, with the caption, “Relevant Legislative Provisions”, containing the text of all relevant statutes, except any provisions of the Constitution Act, Criminal Code and Youth Criminal Justice Act,

in paragraphs consecutively numbered throughout the factum.

(5) Every intervenor shall prepare and file an “Intervenor’s Factum” that shall consist of:

• (a) Part I entitled “Intervenor’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the applicant’s factum that the intervenor accepts as correct or substantially correct and those facts with which the intervenor disagrees and a concise summary of any additional facts relied on, with such reference to the transcripts of evidence by page and line or paragraph, as the case may be, as is necessary;

• (b) Part II entitled “Response to Applicant’s Issues”, which shall contain the position of the intervenor with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue;

• (c) Part III entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the intervenor, immediately followed by a concise statement of the law and the authorities relating to that issue;

• (d) Part IV entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; and

• (e) A schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) referred to in the order in which they appear in Parts II and III, or in alphabetical order,

in paragraphs numbered consecutively throughout the factum.

(6) Unless ordered otherwise by a judge, Parts I through IV of the factum, inclusive, shall not exceed twenty (20) pages in length.

(7) The applicant’s factum shall be bound front and back in blue cover stock, the respondent’s factum shall be bound front and back in green cover stock and the intervenor’s factum shall be bound front and back in grey cover stock.

(8) The factum shall be printed on good quality white paper 216 millimeters by 279 millimeters in size and the text shall be printed, typewritten, written or reproduced legibly on one side only with double spaces between the lines, except for quotations which may be single spaced, and margins of approximately forty millimeters on the left-hand side.

(9) The characters used shall be at least 12 point or 10 pitch size.

(10) Back sheets and covers shall be of 176g/m² cover stock.

(11) The Registrar may refuse to accept a factum which does not comply with these rules, and in that case, the factum shall not be filed without a direction from a judge.

(12) Unless otherwise ordered by a judge, the applicant’s factum shall be served and filed in accordance with rule 5 not later than thirty (30) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be.

(13) Unless otherwise ordered by a judge, the respondent’s factum shall be served and filed in accordance with rule 5 not later than ten (10) days before the day first scheduled for the hearing of the pre-trial applications or the trial as the case may be.

(14) Unless otherwise ordered by a judge, an intervenor’s factum shall be served and filed in accordance with rule 5 not later than five (5) days before the day scheduled for the hearing of the application to which it relates.