Factum

The written argument a party files in a Canadian appeal or motion, setting out the facts, issues, law, and relief sought.

A factum is the formal written argument filed by a party in Canadian appellate courts and on many motions and applications. It typically contains a concise statement of facts, the issues raised, the argument with supporting authorities, and the order or relief sought, followed by lists of authorities and legislation relied on.

The factum is often the most important piece of advocacy in an appeal, since judges read it before the hearing and oral argument time is limited. Court rules impose strict page or word limits and formatting requirements. Good factums cite authorities with pinpoint citations and note up every case cited, which makes thorough legal research the foundation of effective factum writing.