How to Prepare a Factum for Ontario Superior Court (2026 Guide)

A factum is a written legal argument that you file with the court in support of a motion or application. For many self-represented litigants, the factum is the most intimidating document they will ever have to prepare — but it is also your best opportunity to make your case clearly and persuasively.

This guide covers how to structure, write, and file a factum for Ontario Superior Court.

Important disclaimer: This article is for general informational purposes only and does not constitute legal advice. Ontario court rules are complex. For advice specific to your situation, consult a licensed lawyer or paralegal.

What Is a Factum?

A factum (plural: facta) is a concise written argument that sets out:

A brief overview of your position
The key facts
The legal issues
The law and your argument
The order you are asking for

It is governed by Rule 20 (summary judgment), Rule 37 (motions), and Rule 38 (applications) of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194. Various practice directions also set requirements for facta.

When Is a Factum Required?

A factum is mandatory in certain proceedings:

Summary judgment motions (Rule 20)
Applications (Rule 38)
Appeals to the Divisional Court or Court of Appeal
Certain motions in the Commercial List and other specialized proceedings

For most other motions, a factum is optional but strongly recommended. Judges appreciate well-organized written arguments, and a good factum can make the difference between winning and losing.

Structure of a Factum

Ontario facta follow a standard structure. The specific requirements vary slightly depending on the type of proceeding, but the general format is:

Part I — Overview Statement

A one- to two-paragraph summary of:

What the case is about
What you are asking for
Why you should win

This is the most important section. Judges read it first and it frames their understanding of everything that follows. Write it last, after you have drafted the rest.

Part II — Statement of Facts

A clear, chronological narrative of the relevant facts. Key rules:

Cite the evidence. Every factual statement must be supported by a reference to the record — typically an affidavit. Use the format: (Smith Affidavit, para. 12) or (Motion Record, Tab 3, p. 25).
Be accurate. Do not overstate or mischaracterize the evidence. If the judge catches you being misleading, your credibility is destroyed.
Be selective. Include only the facts that matter to the legal issues. Background context is fine, but do not include every detail of the dispute.
Tell a story. The best fact sections read like a narrative, not a list. Judges are human — a coherent story is more persuasive than a collection of bullet points.

Part III — Issues

A numbered list of the legal issues the court must decide. Keep it simple. Example:

Is the defendant liable for breach of contract?
If so, what damages is the plaintiff entitled to?

Part IV — Law and Argument

This is the substantive section where you:

State the legal test or rule that applies to each issue
Cite the authorities (cases and statutes) that support your position
Apply the law to the facts of your case
Distinguish any unfavourable cases the other side may rely on

How to cite cases in Ontario:

Use the style of cause (party names), the year, the court, and the paragraph number
Example: Hryniak v. Mauldin, 2014 SCC 7, at para. 34
For statutes: Limitations Act, 2002, S.O. 2002, c. 24, Sched. B, s. 4

Part V — Order Requested

State precisely the order you want the court to make. Be specific:

"An order granting summary judgment in favour of the plaintiff in the amount of $75,000, plus pre-judgment interest and costs"
"An order dismissing the plaintiff's motion with costs to the defendant"

Part VI — Schedule of Authorities

A list of all the cases and statutes cited in the factum. Provide copies of the authorities in a book of authorities filed separately.

Formatting Rules

Ontario Superior Court has specific formatting requirements for facta:

| Element | Requirement | |---------|------------| | Font | 12-point, readable font (e.g., Times New Roman, Book Antiqua) | | Spacing | Double-spaced (footnotes may be single-spaced) | | Margins | At least 1 inch on all sides | | Page numbering | Consecutively at the bottom of each page | | Page limit | Generally 30 pages (some practice directions impose shorter limits) | | Binding | Back-bound with a light blue cover for the moving party, light green for the responding party |

Check the practice directions for your specific courthouse and type of proceeding. Toronto, Ottawa, and other judicial centres may have additional requirements.

Persuasive Writing Tips

Lead with your strongest argument. Judges may not read every word. Put your best point first.
Be concise. Shorter is almost always better. A 15-page factum that makes three strong points beats a 30-page factum that makes ten weak ones.
Use plain language. You are trying to persuade, not impress. Clear, direct sentences are more effective than complex legal prose.
Acknowledge weaknesses. If there is a fact or case that hurts your position, address it directly rather than hoping the other side does not notice. Your credibility improves when you deal honestly with difficult points.
Use headings and structure. Make it easy for the judge to follow your argument. Use clear headings, numbered paragraphs, and logical organization.
Proofread carefully. Typos and formatting errors undermine your credibility.

Filing Deadlines

Filing deadlines for facta depend on the type of proceeding:

Motions: Check the practice direction for your courthouse. Many require the moving party's factum to be filed with the motion record, and the responding party's factum a set number of days before the hearing.
Summary judgment: The moving party's factum is typically served and filed with the motion record. The responding party's factum is usually due a specific number of days before the hearing.
Appeals: Strict deadlines set by the Rules of Civil Procedure and the relevant court's practice direction.

Always confirm deadlines with the court office and applicable practice direction.

Common Mistakes

No evidence references — every factual claim must cite the record. A factum without references to the evidence is weak and may be rejected.
Argument in the facts section — Part II is for facts. Save your arguments for Part IV.
Facts in the argument section — Part IV is for legal argument. Do not introduce new facts.
Citing irrelevant cases — quality over quantity. Three strong authorities are better than twenty marginal ones.
Missing the page limit — judges will not read past the limit, and exceeding it requires leave of the court.
Poor formatting — wrong font, wrong cover colour, no page numbers. These seem minor but create a bad impression.

How ProSe Can Help

ProSe helps self-represented litigants prepare court documents, including factum outlines and supporting materials. Answer plain-language questions about your case and ProSe generates a properly structured document.

Start for free at BeProSe.ca — your first document costs nothing.

Key Resources

Ontario Rules of Civil Procedure — Rules 20, 37, 38 — e-Laws Ontario (ontario.ca/laws)
Superior Court Practice Directions — ontariocourts.ca/scj/practice/practice-directions
CanLII — canlii.ca (free access to Canadian case law)
Steps to Justice — stepstojustice.ca

Last reviewed: April 2026. Rules of Civil Procedure references are to the consolidated regulation as of April 2026.

This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed lawyer or paralegal.