Legal Factum Template

LEGAL FACTUM

Court:    Court File No.:

Appellant:    Respondent:

Counsel for Appellant:

Counsel for Respondent:

RECITALS

WHEREAS on a judgment or order was rendered by the lower tribunal described as: ;

WHEREAS the Appellant asserts that the lower tribunal erred in law and/or mixed fact and law for the reasons set out in this factum and seeks relief as specified below;

WHEREAS the parties have exchanged or preserved the record and exhibits necessary for the determination of the questions raised in this appeal;

NOW THEREFORE the Appellant submits this Legal Factum in support of the appeal and requests the relief set out in section 7.

1. OVERVIEW

This factum sets out the issues on appeal, a concise statement of relevant facts, the applicable standard of review, legal argument supported by authorities, and the order sought. It identifies the relief the Appellant requests and the statutory or common law basis for that relief.

2. ISSUES ON APPEAL

3. STATEMENT OF FACTS

The Appellant summarizes only those facts necessary to the issues on appeal. Facts must be stated with precision and with reference to the record where appropriate.

4. STANDARD OF REVIEW

The standard of review applicable to each issue is set out below. The Appellant identifies the applicable standard and explains why it applies to the issue in question.

5. ARGUMENT

Each argument must identify the legal principle, apply the principle to the facts, and reference authorities and record passages that support the Appellant's position.

6. AUTHORITIES

Cases, statutes, and secondary sources cited in this factum are listed with pinpoint references and brief statements of the proposition for which each authority is cited.

7. RELIEF SOUGHT

The Appellant requests the following orders from the court. Specify the precise remedy sought and any consequential relief.

8. EXHIBITS AND RECORD REFERENCES

9. NOTICES

All communications and service in respect of this factum must be addressed as follows.

10. CERTIFICATION

The undersigned certifies that the information contained in this factum is true to the best of the signatory's knowledge and that the citations to the record and authorities are accurate and complete to the extent reasonably possible.

11. MISCELLANEOUS PROVISIONS

Governing Law: This factum and any issue arising from it are governed by the substantive and procedural law of the jurisdiction of the court to which it is submitted. The parties submit to the court's exclusive jurisdiction for purposes of these proceedings.

Entire Agreement: This factum constitutes the complete written position of the Appellant on the matters addressed and supersedes any prior written statements provided in connection with the same issues, except insofar as expressly incorporated by reference.

Severability: If any provision of this factum is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed so as to effectuate the original intent to the greatest extent permitted by law.

Amendments: The Appellant may amend or supplement this factum with leave of the court or by consent of the Respondent where permitted by the rules of the court.

Waiver: No waiver of any provision of this factum shall be effective unless in writing and signed by the party granting the waiver.

Counterparts: This factum may be executed in counterparts and delivered by electronic transmission, each of which shall be deemed an original and all of which together shall constitute one instrument.

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