What is an Appellant’s Factum at Divisional Court in Ontario?

KPA Lawyers – March 27, 2019

Although the Divisional Court hears appeals from many types of courts and tribunals, if you are specifically interested in appealing a decision of the Small Claims Court, then we recommend reading How to appeal a Small Claims Court case in Ontario before reading this article.

The Appellant’s Factum is a bound document containing a concise summary of the facts, the law and the arguments you are making in support of your appeal. When you file your Factum with the court, you will need to provide an electronic version in addition to a hard copy. If your appeal is before a panel of judges, you will need to provide three hard copies. The Appellant’s Factum must be bound front and back in white covers. It should not be more than 10 pages in length and cannot be more than 30 pages without the approval of a judge. The Factum must be signed at the end. The Appellant’s Factum must consist of the following parts (note that for Parts I through V, you must number each paragraph):

  • Part I, containing a statement identifying the appellant and the court or tribunal appealed from and stating the result in that court or tribunal;
  • Part II, containing a concise overview statement describing the nature of the case and of the issues;
  • Part III, containing a concise summary of the facts relevant to the issues on the appeal, with such reference to the transcript of evidence and the exhibits as is necessary;
  • Part IV, containing a statement of each issue raised, immediately followed by a concise argument with reference to the law and authorities relating to that issue;
  • Part V, containing a statement of the order that the court will be asked to make, including any order for costs;
  • a certificate stating:
  • that an order under subrule 61.09(2) (original record and exhibits) has been obtained or is not required, and
  • how much time (expressed in hours or fractions of an hour) you estimate will be required for your oral argument, not including reply;
  • Schedule A, containing a list of the authorities referred to; and
  • Schedule B, containing the text of all relevant portions of statutes, regulations and by-laws.

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