Application Records and Factums
 68.04 (1) The applicant shall deliver an application record and a factum, (a) where the nature of the application requires a record of the proceeding before the court or tribunal whose decision is to be reviewed, within thirty days after the record is filed; or (b) where the nature of the application does not require such a record, within thirty days after the application is commenced.  R.R.O. 1990, Reg. 194, r. 68.04 (1). (2) The applicant’s application record shall contain, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; (b) a copy of the notice of application; (b.1) a copy of the reasons of the court or tribunal whose decision is to be reviewed, with a further typed or printed copy if the reasons are handwritten; (c) a copy of all affidavits and other material served by any party for use on the application; (d) a list of all relevant transcripts of evidence in chronological order, but not necessarily the transcripts themselves; and (e) a copy of any other material in the court file that is necessary for the hearing of the application.  R.R.O. 1990, Reg. 194, r. 68.04 (2); O. Reg. 219/91, s. 8; O. Reg. 248/21, s. 14. (3) The applicant’s factum shall be signed by the applicant’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of, (a) Part I, containing a statement identifying the applicant and the court or tribunal whose decision is to be reviewed and stating the result in that court or tribunal; (b) Part II, containing a concise summary of the facts relevant to the issues on the application, with specific reference to the evidence; (c) Part III, containing a statement of each issue raised, immediately followed by a concise statement of the law and authorities relating to that issue; (d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs; (d.1) a certificate stating how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply; (e) Schedule A, containing a list of the authorities referred to; and (f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws, in paragraphs numbered consecutively throughout the factum.  R.R.O. 1990, Reg. 194, r. 68.04 (3); O. Reg. 575/07, s. 30 (1); O. Reg. 82/17, s. 15 (1). Respondent (4) The respondent shall deliver an application record and a factum within thirty days after service of the applicant’s application record and factum.  R.R.O. 1990, Reg. 194, r. 68.04 (4). (5) The respondent’s application record shall contain, in consecutively numbered pages arranged in the following order, (a) a table of contents describing each document, including each exhibit, by its nature and date and, in the case of an exhibit, by exhibit number or letter; and (b) a copy of any material to be used by the respondent on the application and not included in the application record.  R.R.O. 1990, Reg. 194, r. 68.04 (5). (6) The respondent’s factum shall be signed by the respondent’s lawyer, or on the lawyer’s behalf by someone he or she has specifically authorized, and shall consist of, (a) Part I, containing a statement of the facts in the applicant’s summary of relevant facts 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 specific reference to the evidence; (b) Part II, containing the position of the respondent with respect to each issue raised by the applicant, immediately followed by a concise statement of the law and the authorities relating to that issue; (c) Part III, containing a statement of any additional issues raised by the respondent, the statement of each issue to be immediately followed by a concise statement of the law and the authorities relating to that issue; (d) Part IV, containing a statement of the order that the court will be asked to make, including any order for costs; (d.1) a certificate stating how much time (expressed in hours or fractions of an hour) the lawyer estimates will be required for his or her oral argument, not including reply; (e) Schedule A, containing a list of the authorities referred to; and (f) Schedule B, containing the text of all relevant provisions of statutes, regulations and by-laws that are not included in Schedule B to the applicant’s factum, in paragraphs numbered consecutively throughout the factum.  R.R.O. 1990, Reg. 194, r. 68.04 (6); O. Reg. 575/07, s. 30 (2); O. Reg. 82/17, s. 15 (2). Copies for Use of the Court (7) The parties shall file three copies of their application records and factums for the use of the court.  R.R.O. 1990, Reg. 194, r. 68.04 (7). Material may be Filed as Part of Record (8) Any material served by a party for use on an application may be filed, together with proof of service, as part of the party’s application record and need not be filed separately if the record is filed within the time prescribed for filing the notice or other material.  R.R.O. 1990, Reg. 194, r. 68.04 (8). Transcript of Evidence (9) A party who intends to refer to a transcript of evidence at the hearing shall file three copies of the transcript with the application record and factum, despite subrule 34.18 (2) (time for filing transcript).  R.R.O. 1990, Reg. 194, r. 68.04 (9).