How long does a factum take?

A Divisional Court factum typically runs 25 to 30 pages and takes a drafter 20 to 40 hours of research and writing. Court of Appeal factums run longer. We Draft It quotes a flat fee per factum based on the record size.

Do I need a factum on every motion?

No. Rule 38.09 requires a factum on Superior Court motions that exceed two hours of estimated argument or that raise a question of law. Routine procedural motions do not.

What font and margin does the factum use?

Times New Roman 12pt or Arial 12pt, 1.5 line spacing, 1-inch margins. Page numbers bottom-centre. The court rejects factums that exceed the page limit or use 11pt to cheat the limit.

Service

Factum Drafting for Ontario Courts

A factum is the written argument that goes with a motion or appeal. Rule 61.11 of the Rules of Civil Procedure sets the structure: overview, facts, issues, law and argument, order sought, schedule of authorities, schedule of statutes. We Draft It pairs you with a drafter who has written factums in the court hearing yours.

What goes in a factum

Part I — overview (one or two pages). Part II — facts, numbered, cited to the record. Part III — issues, framed as questions. Part IV — law and argument, organized by issue. Part V — order sought. Schedule A — authorities cited. Schedule B — statutes and regulations referred to. Page limits differ by court: 30 pages on a Divisional Court appeal, 40 on the Court of Appeal.

Divisional Court factum

Statutory appeals from administrative tribunals (LTB, HRTO, LSO Tribunal, College of Trades, WSIAT) and judicial-review applications go to the Divisional Court. The factum follows Rule 68 and Rule 61.11. Order sought often includes a stay or interim relief that needs its own argument.

Court of Appeal factum

Civil and criminal appeals go to the Court of Appeal for Ontario. Factum length, scheduling, and the standard of review are all stricter. Hire a drafter who has appeared in front of the panel hearing yours.

POA appeal factum

POA appeals under s. 116 of the Provincial Offences Act go to a single judge of the Ontario Court of Justice (or the Superior Court for indictable conversions). The factum is shorter and the standard of review is "unreasonable verdict / error of law" under POA s. 117.

Frequently asked questions

How long does a factum take?: A Divisional Court factum typically runs 25 to 30 pages and takes a drafter 20 to 40 hours of research and writing. Court of Appeal factums run longer. We Draft It quotes a flat fee per factum based on the record size.
Do I need a factum on every motion?: No. Rule 38.09 requires a factum on Superior Court motions that exceed two hours of estimated argument or that raise a question of law. Routine procedural motions do not.
What font and margin does the factum use?: Times New Roman 12pt or Arial 12pt, 1.5 line spacing, 1-inch margins. Page numbers bottom-centre. The court rejects factums that exceed the page limit or use 11pt to cheat the limit.

Hire a factum drafter