What is a Factum?

T

TheLongRoad

New member
I've just been informed that I need to submit a Factum with the next Motion. The Judge put it in the Endorsement for the Adjourned Motion we just had.

Not sure why since it is fairly simple - The Respondent has a higher salary, The Child resides almost all the time with the Applicant so Child Support should be fairly simple.

Is there any examples and where do I find a template? I can't find it anywhere in the Ontario Family Court Forms.
 
There is no template for a factum. It is a summary of the facts and law as it applies to the facts. Your written argument, which should mirror your oral submissions.

Factums can be ordered into three sections

1. ORDERS REQUESTED

(tell the judge what you want them to do)

2. FACTS

(in paragraph form, identify the relevant facts to the relief requested. If you're seeking child support, income of the payor is relevant, the fact that they smoked weed in high school is not).

Citations. Cite paragraphs in your affidavit (or other affidavits) where the facts can be found.

3. LAW AND ANALYSIS

State the law, quoting from statute and case law. Then explain why it applies to your case.

Citations. Identify the statue and case law you're relying upon.
 
I actually just found a Factum template for Toronto Family Superior Court. It has basically the 3 points listed in the previous Reply but provides a format to use.

Thank you for the reply.
 
I just need to find statue & case law for why Child Support is be paid:

3. LAW AND ANALYSIS

State the law, quoting from statute and case law. Then explain why it applies to your case.
 
Thats in the federal child support guidelines and the caselaw is DBS supreme court decision.


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DBS is about retroactive child support.

If the parties never married it could be the provincial child support guidelines.
 
Kinso said:
DBS is about retroactive child support.

If the parties never married it could be the provincial child support guidelines.
Click to expand...


I think she’s also claiming retro support and her ex is pushing for delays which is why I suggested that one as well. I didn’t think she needed case law for actual payment of support. Would she?


Sent from my iPhone using Tapatalk
 
Kinso said:
There is no template for a factum. It is a summary of the facts and law as it applies to the facts. Your written argument, which should mirror your oral submissions.

Factums can be ordered into three sections

1. ORDERS REQUESTED

(tell the judge what you want them to do)

2. FACTS

(in paragraph form, identify the relevant facts to the relief requested. If you're seeking child support, income of the payor is relevant, the fact that they smoked weed in high school is not).

Citations. Cite paragraphs in your affidavit (or other affidavits) where the facts can be found.

3. LAW AND ANALYSIS

State the law, quoting from statute and case law. Then explain why it applies to your case.

Citations. Identify the statue and case law you're relying upon.
Click to expand...

I think that is the best concise description of a factum that I have ever seen. The concept of a factum was the hardest for me to wrap my head around (back in the day) because it is never clearly explained anywhere.
 
Janus said:
I think that is the best concise description of a factum that I have ever seen. The concept of a factum was the hardest for me to wrap my head around (back in the day) because it is never clearly explained anywhere.
Click to expand...

Because you smoked too much weed.

Womp. Womp. Womp.
 
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