Marginal note:Contents

70.1 It shall include the judgment appealed from and, if applicable, the reasons for judgment. In matters of extraordinary remedies, or on appeal from a judgment of the Superior Court sitting in appeal, it shall also include the decision subject to the extraordinary remedy, or the judgment appealed to the Superior Court.

Marginal note:Contents

70.2 It shall include

• (a) the notice of appeal and, if applicable, the judgment granting leave to appeal with the motion requesting it;

• (b) the indictment; and

• (c) regulatory or statutory provisions cited, other than provisions of the Constitution Act, 1982, the Criminal Code, the Controlled Drugs and Substances Act and the Youth Criminal Justice Act.

Marginal note:Contents

• 70.3 (1) It shall include only those exhibits and depositions or extracts therefrom that are necessary for the consideration of all the issues in dispute.

• Marginal note:Joint statement of facts

  (2) The parties may agree on a joint statement of the facts necessary to resolve the issues in dispute, rather than relying on the transcripts of the depositions and the exhibits. The joint statement shall be inserted at the beginning of the Schedule.

• Marginal note:For the respondent

  (3) The schedules to the respondent’s factum shall include only those elements that are necessary for the consideration of the issues in dispute and that were not included by the appellant.

Marginal note:Format of factum

71. The format of the factum shall comply with the following rules:

• Marginal note:Colour of cover

  (a) the colour of the cover shall vary according to the party — yellow for the appellant, green for the respondent and grey for the other parties;

• Marginal note:Front cover

  (b) the front cover shall set out the following:

  • (i) the court file number assigned by the Clerk,

  • (ii) the court that rendered the judgment appealed from, the judicial district, the name of the judge, the date of the judgment and the court file number,

  • (iii) in the following order, the names of the appellant, the respondent and, if applicable, the other parties and; under each party’s name, that party’s status in the appeal shall be indicated in upper-case letters and the party’s status in first instance shall be indicated in lower-case letters,

  • (iv) the identification of the factum according to the status of the party filing it, and

  • (v) the name of the party’s counsel;

• Marginal note:Table of contents

  (c) the first volume of the factum shall contain a general table of contents at the front, and each subsequent volume shall contain a table of its contents;

• Marginal note:Pagination

  (d) page numbers shall be indicated in the upper left-hand corner of each page of the factum and at the top of each page of the schedules;

• Marginal note:Number of pages

  (e) except where a Judge has permitted otherwise, the argument shall not exceed 30 pages in length;

• Marginal note:Characters and spacing

  (f) the text of the argument shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented, the characters shall be in 12-point font size and there shall be no more than 12 characters per 2.5 cm;

• Marginal note:Numbering of paragraphs

  (g) the paragraphs of the argument shall be numbered; and

• Marginal note:Numbering of volumes

  (h) if there is more than one volume, the volume number and the sequence of pages contained therein shall be indicated on the cover and bottom edge of each volume.