Introduction

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The importance of the factsMost cases are won or lost on the factsThe facts are not what you wish they were, or

what a disbelieved witness said they were but what has been proved by the evidence

Marshalling the facts in a persuasive and accurate manner is often the most time-consuming part of writing a factum

Complete accuracy and fairness is essential: face your difficulties

Try to tell a story, but remember you are not trying to write the great Canadian novel

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Two approaches to the factsChronological

Every lawyer’s default settingLogical Helpful if how events relate to one another in

time is significantChallenge: not getting lost in the details of

timing: always ask if this date is important: why start a sentence with “On January 5, 2007, at 3:00 pm, Justice Bloggins delivered his ruling” if the date and time are not imporant?

A timeline may make a useful appendix to the factum

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Two approaches (con’t)

ThematicAppropriate if timing of events not particularly

significantHelpful where the “story” is in fact a group of

smaller “stories”Challenge: making clear how the various

smaller stories relate to each other

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Some tipsUse “overviews” throughout: Context before

detailStick to the relevant facts: Don’t worry about

mixing in some law if necessary for the reader to understand why certain facts are relevant

Tell a story: What is the story about? From whose point of view will you tell it? Where does it start? Where does it end? What is it about this story that makes the client’s position appealing?

On appeal – the facts are as found at trial absent a clear and determinative error

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Some tips (con’t)Use of descriptive subheadings to help keep the

reader on trackUse charts to distill complicated information –

but remember they are to simplify not complicateA picture is worth 1000 wordsA schematic diagram may be an aid to

understandingDon’t avoid “bad” facts – address themEnsure all facts required for your legal

submissions are includedAlways give pinpoint references

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The ”Why are you telling me this?” test

For every fact you set out, imagine the judge asking as s/he reads the factum, “Why are you telling me this?”

If you don’t have an answer, take out the fact.

If the answer isn’t obvious from what has gone before, revise the draft until it is.

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