Author: Andy Hayher KC

In an appeal, counsel can often persuade the court mainly through their factum. A well-crafted factum is crucial and can determine the outcome of an appeal. Conversely, a poorly written factum can ruin a case despite excellent oral advocacy. This paper provides practical advice for drafting an effective factum including how to approach drafting and editing, the format and structure, defining issues accurately, standards of review, drafting the argument, and the concluding paragraph.

This paper is part of a collection presented at LESA’s Alberta Litigation Institute program in Calgary on March 6–7, 2025.