Criminal Proceedings Rules for the Superior Court of Justice (Ontario) — 40.11
40.11 (1) Except in appeals in writing under rule 40.15 or except where a judge has made an order under subrule 40.03(2), all parties to the appeal and persons who have been granted the right to be heard shall deliver a factum to be entitled and described on its cover as “Appellant’s Factum”, “Respondent’s Factum”, “Intervenor’s Factum”, or as the case may be. Signatures (2) All facta shall be signed by a counsel or on a counsel’s behalf by someone specifically authorized to do so or, where a party is not represented by counsel, by the appellant or respondent, as the case may be, and the signature shall be followed, where applicable, by the typed name of the counsel. Non-Compliance with Rules (3) The clerk of the appeal court may refuse to accept a factum which does not comply with this rule as to timing, form or content or is not legible and the factum shall not be filed except by leave of a judge. Appellant’s Factum (4) An appellant shall prepare an “Appellant’s Factum” not exceeding 20 numbered pages in length, excluding the schedule referred to in paragraph (5)(f) and, within 90 days of receiving the Court Reporter’s Completion Certificate under subrule 40.08(20), shall file a copy, together with proof of service thereof, on all other parties and persons who have been granted the right to be heard on the appeal. (5) Except in appeals from sentence only, the appellant’s factum shall consist of: (a) Part I, entitled “Statement of the Case”, which shall contain a statement identifying the appellant, the court in which the proceedings arose, the nature of the charge or charges, the result in that court and the nature of each order to which the appeal relates; (b) Part II, entitled “Summary of the Facts”, which shall contain a concise summary of the facts relevant to the issues on the appeal, with such references to the evidence by page and line, or paragraph, as the case may be, as may be necessary; (c) Part III, entitled “Issues and the Law”, which shall contain a statement of each issue raised, immediately followed by a concise statement of the law and any authorities relating to that issue; (d) Part IV, entitled “Order Requested”, which shall contain a statement of the order that the court will be asked to make; (e) Part V, entitled “Time Estimates”, which shall contain the appellant’s time estimate for oral submissions for: (i) each appellant, (ii) each respondent, and, (f) a schedule, entitled “Authorities to be Cited”, which shall contain a list of the authorities (with citations) to which reference was made in Part III and in the order in which they there appear in paragraphs numbered consecutively throughout the factum. Respondent’s Factum (6) A respondent shall prepare a “Respondent’s Factum” not exceeding 15 numbered pages in length, excluding the schedule referred to in paragraph (7)(f), and shall file, not later than 10 days before the week the appeal is scheduled to be heard, a copy, together with proof of service thereof on all other parties and persons who have been granted the right to be heard on the appeal. (7) Except in appeals from sentence only, the respondent’s factum shall consist of: (a) Part I, entitled “Respondent’s Statement as to Facts”, which shall contain a statement of the facts in Part II of the appellant’s factum that the respondent accepts as correct and those facts with which the respondent disagrees and a concise summary of any additional facts relied on, with such reference to the transcript evidence by page and line or paragraph, as the case may be, as is necessary; (b) Part II, entitled “Response to Appellant’s Issues”, which shall contain the position of the respondent with respect to each issue raised by the appellant, immediately followed by a concise statement of the law and the authorities relating to that issue; (c) Part III, entitled “Additional Issues”, which shall contain a statement of any additional issues raised by the respondent, immediately followed by a concise statement of