CRIMINAL: INTERVENER’S FACTUM COVER PAGE INSTRUCTIONS (please remove table when completed) Last updated: December 20, 2023
Step	Action
1	Double click on REQUIRED grey text fields to enter and delete information.
2	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.
3	Enter Sealing Order, Publication Ban, or Anonymity Order (if any) referencing legislative provision (or inherent jurisdiction) that authorises the order or ban and precise terms.
4	To remove instructions table: Right click mouse on (top lefthand corner of this table).
5	Select Delete Table.

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

Enter Name of First Appellant vs. Name of First Respondent

Intervener’s 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:

REX

[Enter Appellant or Respondent]

AND:

Enter name(s) of party(ies)

[Enter Appellant or Respondent]

AND:

Enter name of Intervener

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.

INTERVENER’S FACTUM

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

TABLE OF CONTENTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	This Table of Contents can be updated automatically. DO NOT enter text into Table of Contents. 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	3

PART 1 - STATEMENT OF FACTS	4

PART 2 - ISSUES ON APPEAL	5

PART 3 - ARGUMENT	6

PART 4 - NATURE OF ORDER SOUGHT	7

APPENDICES: LIST OF AUTHORITIES	8

APPENDICES: ENACTMENTS	9

PART 1 - STATEMENT OF FACTS

STATEMENT OF FACTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	Page maximum: starting from Part 1 - Statement of Facts to end of Part 4 – Nature of Order Sought - 10 pages
2	Intervener’s factum: must consist of the intervener’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that the intervener 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.

The appellant has been driving for 10 years.

Affidavit #1 of John Doe, para. 2

PART 2 - ISSUES ON APPEAL

ISSUES ON APPEAL INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter a concise statement of the intervener’s position in regard to the points put in issue by the appellant’s factum and of any other points that the intervener 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.
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	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)
4	Double click on REQUIRED grey text fields to enter and delete information.
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 intervener 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

Intervener

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, 18 July 2022.
3	Add the page or paragraph number of the authority where it is located in the factum.
4	Please use the factum checklists to ensure the factum (paper and electronic) is filed or 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 any paste only those sections or provisions of the enactments 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.