Civil
Rule 25(1) of the BC Court of Appeal Rules states that “an appellant must file and serve an appellant's factum not more than 30 days after filing the appeal record”. The Factum must follow a prescribed format detailed in the Completion Instructions found on the Court of Appeal website. There is a Word template provided that incorporates the formatting requirements set out in the instructions.
Criminal
Rule 10 of the BC Criminal Appeal Rules states that Factums shall comply with Form 6 and the requirements set out in that form. There is a Word template provided on the Court of Appeal website with instructions for completing the form. See Other Resources.
Samples
- Appellant’s factum from the case Barclay v. The Queen prepared by Ted Gouge, QC for the CLE course “Suing and Defending the Government – 2006 Update” KN33.5.S84C65 2006.
- Hartshorne v. Hartshorne - Appellant's Factum from the 2004 CLE seminar "Family Law - Agreements and Disagreements" KN172.F35C65 2004.
- Appellant’s factum from L. v. A, H and P, a motor vehicle injury case, from the 1980 CLE course “Advocacy in the BC Court of Appeal” KN352.A38 1980.
- Appellants’ factum filed in 2021 a from motor vehicle accident claim. Available online
Other resources
- "Factum Writing for the BC Court of Appeal” (Verdict Magazine, Winter 2011, issue 127 p.38) KN380.A141V47.
- Quicklaw (LexisNexis Canada): Pleadings, Motions and Facta module. - free access available onsite at Courthouse Libraries
- Completion Instructions for Factums - BC Court of Appeal
- Word Template for Appellant's Factum - BC Court of Appeal
- Form 6 BC Criminal Appeal Rules - BC Court of Appeal
- Criminal Appellants Factum template - BC Court of Appeal
References
- BC Court of Appeal - BC Courts website
- BC Civil Appeal Rules - BC Courts website
- BC Criminal Appeal Rules - BC Courts website