Introduction 1

The importance of the facts Most cases are won or lost on the facts The 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 2

Two approaches to the facts Chronological Every lawyer’s default setting Logical Helpful if how events relate to one another in time is significant Challenge: 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 3

Two approaches (con’t) Thematic Appropriate if timing of events not particularly significant Helpful where the “story” is in fact a group of smaller “stories” Challenge: making clear how the various smaller stories relate to each other 4

Some tips Use “overviews” throughout: Context before detail Stick 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 5

Some tips (con’t) Use of descriptive subheadings to help keep the reader on track Use charts to distill complicated information – but remember they are to simplify not complicate A picture is worth 1000 words A schematic diagram may be an aid to understanding Don’t avoid “bad” facts – address them Ensure all facts required for your legal submissions are included Always give pinpoint references 6

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. 7