CRIMINAL: RESPONDENT’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

Respondent’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]

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 FACTUM

[Enter Name of Filing Respondent]

[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

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

LIST OF AUTHORITIES	8

APPENDIX: 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 - 30 pages
2	Respondent’s factum: Enter the respondent’s position with respect to the appellant’s statement of facts together with a concise statement of any other facts that the 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 Book or 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 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.

The appellant has been driving for 10 years.

Affidavit #1 of John Doe, para. 2

PART 2 – ISSUES ON APPEAL

ERRORS IN JUDGMENT INSTRUCTIONS (please remove table when completed):
Step	Action
1	Enter the respondent’s position in regard to the points put in issue in 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 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 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 findings of fact is palpable and overriding error.

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

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 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.

________________________________

Enter lawyer's name or party's name

Respondent

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 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

APPENDIX: ENACTMENTS

ENACTMENTS INSTRUCTIONS (please remove table when completed):
Step	Action
1	The appendix is used for enactments (i.e., acts or regulations) only.
2	Copy and 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 electronic file and paper volume for the enactments with the same cover stating it is enactments (including colour for paper filing) and same formatting as the factum. File the same time you e-file or file the paper factum.
4	To remove instructions table: Right click mouse on (top lefthand corner of this table)
5	Select Delete Table.

Example:

MOTOR VEHICLE ACT

[RSBC 1996] CHAPTER 318

Construction and maintenance vehicles

121 Despite section 120 (b), the driver of a vehicle referred to in that section must drive with due regard for safety, having regard to all the circumstances, including the nature, condition and use of the highway and the amount of traffic that is, or might reasonably be expected to be, on it.

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