RESPONDENT’S CROSS APPEAL FACTUM COVER PAGE INSTRUCTIONS (please remove table when completed) Last Updated: February 22, 2024
Step	Action
1	Double click on REQUIRED grey text fields, delete text and then enter information or enter text where there are instructions. .
2	Enter Court of Appeal case number example: CA12345 If more than one case is being heard together: enter only the case number applicable to the party, case and court record being filed.
3	Enter appellant and respondent’s names below in exactly the same order and format as the Notice of Appeal or Notice of Application for Leave to Appeal unless the Court of Appeal has ordered changes to the style of proceedings.
4	Enter Sealing Order, Publication Ban or Anonymity Order (if any) referencing legislative provision (or inherent jurisdiction) that authorises the order or ban and the order or ban’s precise terms. If none exist, remove placeholder for publication ban or sealing order in cover page template.
5	To remove instructions table: Right click mouse on (top lefthand corner of this table).
6	Select Delete Table.
7	When filing or submitting by paper: print cover page on green colour paper (back: green)

COURT OF APPEAL FILE NO. Enter CA file number: example CA12345

Enter Name of First Appellant vs. Name of First Respondent

Respondent’s Cross Appeal Factum

COURT OF APPEAL

ON APPEAL FROM the order of Enter the name of the judge of the Enter the court or tribunal where the order being appealed was made, e.g. Supreme Court of B.C. pronounced on the Enter the date on which the order being appealed was made

BETWEEN:

Enter name(s) of appellant(s) here

APPELLANT(S)

Enter role in the lower court or tribunal e.g. (Plantiff)

AND:

Enter name(s) of respondent(s) here

RESPONDENT(S)

Enter role in the lower court or tribunal e.g. (Defendant)

Publication Ban or Anonymity Order (if any) : Enter legislative provision (or inherent jurisdiction) and terms.

Sealing Order (if any): Enter legislative provision (or inherent jurisdiction) and terms.

RESPONDENT’S CROSS APPEAL FACTUM

[Enter Name of Filing Party]

Enter Name of Appellant	Enter Name of Respondent
Enter Name of Appellant's counsel, if any	Enter Name of Respondent's counsel, if any
Enter Address of appellant or, if the appellant is represented, name and address of the appellant's law firm] Telephone: enter appellant's or lawyer's E-mail: enter appellant's or lawyer's Enter parties role e.g. Counsel for Appellant	Enter Address of respondent or, if the respondent is represented, name and address of the respondent's law firm Telephone: enter respondent's or lawyer's E-mail: enter respondent's or lawyer's Enter parties role e.g. Counsel for Respondent

TABLE OF CONTENTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	This table of contents has been formatted as a Word Table of Contents and can be updated automatically. DO NOT enter text into index. This MUST be updated BEFORE printing!
2	Optional: To view table of contents in side navigation pane: Click View tab, go to Show section and check Navigation Pane. Select heading in navigation pane to navigate throughout factum. To remove navigation pane: Click Navigation Pane check box to remove check mark.
3	When factum COMPLETED: To update the table of contents: Click within the table of contents
4	Select Update Table (found on the left top corner of the table of contents)
5	Select Update Entire Table and click OK. (page numbering and any headings you created with the Styles tab will be updated automatically in the table of contents)
6	To remove instructions table: Right click mouse on (top lefthand corner of this table)
7	Select Delete Table.

TABLE OF CONTENTS

TABLE OF CONTENTS	2

SECTION 1: RESPONDENT’S FACTUM ON APPEAL	2

CHRONOLOGY	2

OPENING STATEMENT	2

PART 1 - STATEMENT OF FACTS	2

PART 2 - ISSUES ON APPEAL	2

PART 3 - ARGUMENT	2

PART 4 - NATURE OF ORDER SOUGHT	2

SECTION 2: RESPONDENT’S CROSS APPEAL FACTUM	2

PART 1 - STATEMENT OF FACTS	2

PART 2 - ERRORS IN JUDGMENT	2

PART 3 - ARGUMENT	2

PART 4 - NATURE OF ORDER SOUGHT	2

APPENDICES: LIST OF AUTHORITIES	2

APPENDICES: ENACTMENTS	2

SECTION 1: RESPONDENT’S FACTUM ON APPEAL

CHRONOLOGY

CHRONOLOGY INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter brief, point form list or table of only critical events and dates (relevant to an issue on appeal).
2	To add another row or delete a row to the chronology table:
3	Right click mouse inside chronology table.
4	Click Insert and select Insert Rows Below or Above or click Delete Cells and select Delete Entire Row.
5	To remove instructions table: Right click mouse on (top lefthand corner of this table)
6	Select Delete Table.

Date	Event
January 1, 1974	Appellants’ date of birth

OPENING STATEMENT

OPENING STATEMENT INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter concise statement of the nature of the appeal.
2	1 page maximum
3	Spacing: Lines spaced 1.5 lines apart with a single space between paragraphs
4	To remove instructions table: Right click mouse on (top lefthand corner of this table)
5	Select Delete Table.

[Enter text here]

PART 1 - STATEMENT OF FACTS

STATEMENT OF FACTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	Page maximum: starting from SECTION 1 Part 1 - Statement of Facts to end of SECTION 2 Part 4 – Nature of Order Sought – 45pages
2	Respondent’s factum: must consist of the respondent’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that respondent considers relevant.
3	Sources relied on for a statement of fact (e.g. testimony, an exhibit or the reasons for judgment): must be identified by referring to the volume and page number where it is found in the Appeal Record or Appeal Books, or to the volume or page number and line number where it is found in the Transcript.
4	Consecutive paragraph numbering begins in Part 1 - Statement of Facts.
5	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
6	To delete numbering use backspace key.
7	To remove instructions table: Right click mouse on (top lefthand corner of this table)
8	Select Delete Table.

Example: The appellant resides in Kelowna, British Columbia. They are a teacher and accepted employment with an elementary school in Kelowna, British Columbia

Appellant’s Appeal Book, Vol. 1, page 1 at para. 3.

Example: The appellant …

PART 2 - ISSUES ON APPEAL

ISSUES ON APPEAL INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise statement of the respondent’s position in regard to the points put in issue by the appellant’s factum and of any other points that the respondent may properly put in issue.
2	Continue consecutive paragraph numbering from Part 1.
3	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
4	To delete numbering use backspace key.
5	To remove instructions table: Right click mouse on (top lefthand corner of this table)
6	Select Delete Table.

Example: The chambers judge did not err by varying the initial order and first variation order.

The court had jurisdiction to vary the existing orders; and

The chambers judge did not err by varying the status quo established by a prior interim order.

PART 3 - ARGUMENT

ARGUMENT INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise outline of argument setting out the points of law to be discussed, with a reference to the volume and page numbers of the Appeal Record or Appeal Book or the volume, page and line numbers of the Transcript, and the authorities (acts, cases etc.) in support of each point.
2	Enactments (i.e., acts or regulations) cited or relied upon may be briefly reproduced in Part 3 or reproduced entirely as an appendix with this factum or as a separate appendix from this factum.
3	Continue consecutive paragraph numbering from Part 2.
4	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
5	To delete numbering use backspace key.
6	To remove instructions table: Right click mouse on (top lefthand corner of this table)
7	Select Delete Table.

Example: In Housen v. Nikolaisen, the Supreme Court of Canada provided that the standard of review from a finding of law is correctness.

Housen v. Nikolaisen, 2002 SCC 33 at para. 8

Example Footnote: The s. 4(1)(a) requirements are met if, assuming the pleadings to be true, it is not clear and obvious that the claims have no chance of success.

PART 4 - NATURE OF ORDER SOUGHT

ORDER INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise statement of the nature of the order that is sought by the party preparing the factum.
2	It must include a special disposition that is desired with respect to costs.
3	Double click on REQUIRED grey text fields to enter and delete information.
4	Enter in location, month, day and year of factum.
5	Enter in name of person submitting factum (lawyer or party).
6	When factum complete, print and sign Part 4 Nature of Order Sought.
7	To remove instructions table: Right click mouse on (top lefthand corner of this table)
8	Select Delete Table.

The respondent seeks an Order:

[Enter text here]

All of which is respectfully submitted.

Dated at the City of Enter location, Province of British Columbia, this Enter month Enter day of Enter year.

Name of lawyer or party authorizing filing of this Factum

Respondent

SECTION 2: RESPONDENT’S CROSS APPEAL FACTUM

PART 1 - STATEMENT OF FACTS

STATEMENT OF FACTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	Appellant’s factum by cross appeal: must consist of a concise statement of the history of the proceedings and the facts of the case.
2	Sources relied on for a statement of fact (e.g. testimony, an exhibit or the reasons for judgment): must be identified by referring to the volume and page number where it is found in the Appeal Record or Appeal Books, or to the volume or page number and line number where it is found in the Transcript.
3	Consecutive paragraph numbering begins in Part 1 - Statement of Facts.
4	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
5	To delete numbering use backspace key.
6	To remove instructions table: Right click mouse on (top lefthand corner of this table)
7	Select Delete Table.

Example: The appellant holds a British Columbia driver’s licence and is an experienced driver with a clean driving record.

Transcript, Vol. 1, page 222-223, Appellant’s Appeal Book, Vol. 1, pg. 22.

PART 2 - ERRORS IN JUDGMENT

ERRORS IN JUDGMENT INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise statement that sets out clearly and particularly in what respect the judgment or order appealed from is alleged to be in error.
2	Continue consecutive paragraph numbering from Part 1.
3	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
4	To delete numbering use backspace key.
5	To remove instructions table: Right click mouse on (top lefthand corner of this table)
6	Select Delete Table.

Example: The trial Judge erred by:

Committing a palpable and overriding error of fact in admitting the evidence of party X, when party X was not an eye-witness to the accident.

An error of law in misapplying the legal test for the admission of hearsay evidence.

PART 3 - ARGUMENT

ARGUMENT INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise outline of argument setting out the points of law to be discussed, with a reference to the volume and page numbers of the Appeal Record or Appeal Book or the volume, page and line numbers of the Transcript, and the authorities (acts, cases etc.) in support of each point.
2	Enactments (i.e., acts or regulations) cited or relied upon may be briefly reproduced in Part 3 or reproduced entirely as an appendix with this factum or as a separate appendix from this factum.
3	Continue consecutive paragraph numbering from Part 2.
4	To add to paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
5	To delete numbering use backspace key.
6	To remove instructions table: Right click mouse on (top lefthand corner of this table)
7	Select Delete Table.

Example: In Housen v. Nikolaisen, the Supreme Court of Canada provided that they standard of review from findings of fact is palpable and overriding error.

Housen v. Nikolaisen, 2002 SCC 33 at para. 10

PART 4 - NATURE OF ORDER SOUGHT

ORDER INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise statement of the nature of the order that is sought by the party preparing the factum.
2	It must include a special disposition that is desired with respect to costs.
3	Double click on REQUIRED grey text fields to enter and delete information.
4	Continue paragraph numbering: Enter text and press enter after each paragraph to maintain auto-numbering. (1.5 line spacing and single space between paragraphs required – pre-set in template)
5	Enter in location, month, day and year of factum.
6	Enter in name of person submitting factum (lawyer or party).
7	When factum complete, print and sign Part 4 Nature of Order Sought.
8	To remove instructions table: Right click mouse on (top lefthand corner of this table)
9	Select Delete Table.

The appellant seeks an Order:

[Enter text here]

All of which is respectfully submitted.

Dated at the City of Enter location, Province of British Columbia, this Enter month Enter day of Enter year.

Name of lawyer or party authorizing filing of this Factum

Appellant by Cross Appeal

APPENDICES: LIST OF AUTHORITIES

AUTHORITIES INSTRUCTIONS (please remove table when completed):
Step	Action
1	Authorities (case law, legal textbooks etc.) referred to in the factum must be listed in alphabetical order.
2	Authorities must be cited. Please follow Citation of Authorities (Civil & Criminal Practice Directive, 30 May 2013.
3	Add the page or paragraph number of the authority where it is located in the factum.
4	Please use the factum CHECKLIST to ensure the factum (paper and electronic) is filed and submitted in the correct format.
5	To remove instructions table: Right click mouse on (top lefthand corner of this table)
6	Select Delete Table.

Authorities	Page # in factum	Para # in factum
Alexander v. Bertram and Ford Credit Canada Ltd. (2000), 72 B.C.L.R. 3(d) 66 (S.C.)	2	3
D.R. Fraser & Co. v. M.N.R., [1949] A.C. 24	10	13

APPENDICES: ENACTMENTS

ENACTMENTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	The appendix is used for enactments (i.e., acts or regulations) only. No other documents may be added.
2	Copy and paste any enactments which you rely on in “Part 3 - Argument” of the factum or;
3	Optional: Create a separate volume with the same cover (including colour) and same formatting as the factum. File with the Registry with the factum at the same time. (include with electronic factum).
4	To remove instructions table: Right click mouse on (top lefthand corner of this table)
5	Select Delete Table.

Example:

LIMITATION ACT

[SBC 2012] CHAPTER 13

Non-judicial remedies

27	(1) In this section, "non-judicial remedy" means a remedy that a person	is entitled, by law or by contract, to exercise in respect of a claim without	court proceedings.

(2) If a claimant is prevented from commencing a court proceeding in	relation to a claim as a result of the expiry of a limitation period under this	Act, the claimant is not entitled to exercise against the person against	whom the claim is or may be made, or against any other person, any non-j	udicial remedy that the claimant would, but for this section, be entitled to	exercise in relation to the claim.

Adverse possession

28	(1) Except as specifically provided by this or any other Act, no right or title	in or to land may be acquired by adverse possession.

(2) Nothing in this Act interferes with any right or title to land acquired by	adverse possession before July 1, 1975.

Hollick v. Toronto (City), 2001 SCC 68 at para. 25.