April 14, 2009

NS Civ Pro: Factum length– the long and the short of it.

Filed under: 1 — ruleswatch @ 7:59 pm

Justice Hamilton has granted substantial room to lengthen a factum. In Jachimowicz v.Jachimowicz 2009 NSCA 36, the appellant moved in Appeal Court Chambers for leave to file an extended length factum, citing a series of novel arguments that required room for elaboration.

The appeal court judge met the appellant half way. A sample argument was much too long, the court said:

 [8] The 40 page rule was implemented by this court to encourage concise and focussed facta. The sample argument submitted on behalf of the appellant misses that mark. As one example of that, the proposed argument contains pages of quotes from documents and decisions that will be included in the appeal book or in the appellant’s book of authorities. A short reference to the location of those quotes in the appeal book or book of authorities, placed at the end of the paragraph setting out the argument relating to them, is a more efficient way of referring to them and will result in a substantially shorter factum.

But the number of issues did give way for, still, a substantial exception:

[9] Nevertheless, given the number of issues raised in the appeal and the fact one full day was set for it to be heard, I am satisfied that the appellant should be given permission to file a longer factum but that it should not exceed 60 pages. I hereby give that permission. The appellant’s factum is in all other respects to comply with the provisions of Rule 90.32.


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