How to Prepare a Factum in Ontario

A practical guide for lawyers, paralegals, and law clerks

A factum is the written argument the court reads before the hearing. On appeals it is required; on applications and most contested motions in the Superior Court it is either required or expected. The rules and practice directions set the structure, and judges read dozens of them, so a factum that follows the conventional layout is easier to read and more persuasive than one that doesn't. The requirements below reflect the Rules of Civil Procedure and common practice; always confirm the current rule and practice direction for the court and region you are filing in, including any page limit.

The standard structure

An Ontario factum is divided into numbered parts. The headings vary slightly between courts, but the sequence is consistent:

1. Part I — Overview. A short statement of what the case is about and what you want. Two or three paragraphs. The judge should know your position before reading anything else.
2. Part II — Facts. A concise statement of the facts, each supported by a reference to the record (affidavit and paragraph, exhibit, transcript page). Facts that are not in the record do not belong here.
3. Part III — Issues. The questions the court has to decide, stated neutrally and in the order you will argue them.
4. Part IV — Law and argument. Your argument on each issue, with authorities cited and pinpointed to the paragraph.
5. Part V — Order requested. Exactly what you are asking for, including costs.
6. Schedule A — Authorities. A list of every case and secondary source cited, in the order cited, with the tab number in the book of authorities.
7. Schedule B — Statutes and regulations. The text of the provisions relied on.

On appeals the Court of Appeal's rules add specifics, including a certificate of the estimated time for oral argument, and enforce a page limit (commonly 30 pages, with leave required to exceed it). Motion and application factums in the Superior Court are typically shorter, and some regions cap them; check the applicable practice direction.

Formatting conventions

• Numbered paragraphs throughout, so the court and opposing counsel can refer to "paragraph 22" rather than a page.
• Double spacing for the body, single spacing for quotations, a readable font at 12 point, and generous margins. Some courts specify these; all expect them.
• Consecutive page numbers, with the parts and schedules listed in a table of contents at the front.
• Cover page with the court, court file number, style of cause, the name of the factum ("Factum of the Moving Party") and counsel information.
• Citations in the body, not footnotes, with the neutral citation and a pinpoint paragraph: Smith v. Jones, 2024 ONCA 123, at para. 31.

Tying the factum to the record and the book of authorities

A factum does not stand alone. The judge reads it alongside the record and the book of authorities, and the three must agree:

• Every record reference in Part II and Part IV points to a tab and page that exist in the record as filed. Regenerate the record's pagination before finalising the factum, not after.
• Every authority in Part IV appears in Schedule A with the same tab number as in the book of authorities.
• In an electronic filing, hyperlinks from the factum to the record and to the authorities (on CanLII where available) are expected in practice and save the judge time.

Common problems

• Argument in the facts. Part II should read as a neutral narrative. Save characterisation for Part IV.
• Issues that are really conclusions. "Whether the respondent breached the agreement" is an issue; "The respondent's obvious breach" is not.
• Over-length. A factum that needs leave to exceed the limit starts with a request rather than an argument. Cut the string citations first.
• Stale references after a late affidavit changes the record's page numbers. Check every pinpoint against the final record.

Checklist before filing

1. Parts I to V and Schedules A and B are present and in order.
2. Every fact has a record reference; every reference resolves to the right page.
3. Schedule A tab numbers match the book of authorities.
4. Page count is within the limit, or leave has been obtained.
5. The cover page, table of contents and any required certificate are complete.

Related guides

• How to Prepare a Motion Record in Ontario
• How to Create a Hyperlinked Table of Contents in a PDF Court Bundle
• Court Bundle Requirements: A Practical Checklist
• How to Prepare an Application Record in Ontario

This guide is general information for legal professionals, not legal advice. Court rules and practice directions change — always confirm the current requirements of the court you are filing in before you file.