Memorandum of argument bc court of appeal
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1.9 Write your argument (factum)
Last Reviewed: June 2023 Reviewed by: Court of Appeal Staff 
What is a factum?
Read the Rules
Rule 25 provides more information about factums.
A factum is the written argument that you will use in the presentation of your response to the appeal. It explains what your position is all about. The respondent’s factum is due not more than 30 days after you are served with the appellant’s factum.
You must prepare your factum by following the paper or e-filing completion instructions for factums. There are also Word templates which incorporate all the formatting requirements set out in the instructions (e.g. page numbering requirements, font type, size, etc.). Be sure to follow the completion instructions and use the Word templates provided.
What does a factum contain?
Your factum must contain:
- A table of contents.
- A chronology of the relevant dates in the litigation.
- An opening statement, which is a concise (one page) statement identifying yourself as the respondent, the court or tribunal appealed from, and the result of your case in the previous proceedings. Your opening statement must set out the essential points of your response to the appeal; that is, the main reasons why the appeal should not succeed.
- Part 1: A statement of facts. Set out your position with respect to the appellant’s statement of facts in their factum, together with a concise statement of any other facts that were before the court below that you consider relevant. The source relied on for a statement of fact (e.g., testimony; an exhibit; reasons for judgment) must be identified by referring to the volume and page number where it is found in the appeal record, appeal book, or transcript.
- It is not useful to replicate the statement of facts found in the appellant’s factum and indicate whether you agree with each paragraph. Instead, you may wish to state that you agree with the statement of facts in the appellant’s factum, except for a list of paragraphs, explaining how you disagree with each.
