Court File Number

ONTARIO SUPERIOR COURT OF JUSTICE

(Name of court)FACTUM

at393 UNIVERSITY AVENUE, 10th FLOOR, TORONTO ON M5G 1E6

Court office address

Applicant

Full legal name & address for service — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any). / Lawyer’s name & address — street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).

Respondent(s)

FACTUM - FOR MOTION TO BE HEARD, FILED ON BEHALF OF THE APPLICANT (OR RESPONDENT)

PART ONE- ISSUES TO BE ARGUED ON THIS MOTION

In this section the applicant's factum sets out the relief that the applicant is seeking on the motion, the respondent's factum sets out whether the orders requested are consented to or are opposed, and sets out any additional issues to be raised on behalf of the respondent) For example, the applicant's factum might state:

The applicant on this motion seeks an order for:

1) interim spousal support

2) interim custody of the child of the marriage

3) interim child support

The respondent's factum might state:

1) The respondent agrees that an order of interim child and spousal support should be made, the issue is the appropriate amount of support to be paid pending trial.

2) The respondent seeks an order of interim joint custody of the child of the marriage, or in the alternative an order setting out terms of access.

PART TWO-OUTLINE OF FACTS

(In this section each party's factum will set out the facts relied on by that party with respect to each of the issues set out in part 1, in summary form. Each paragraph in this part will refer to the source of the facts relied on, by referring to the material filed on the motion. For example, the applicant might state:)

Re interim spousal support

1) The applicant wife is employed at N company and earns X dollars per month. The respondent husband is employed at M company and earns Y dollars per month.

See: Applicant's affidavit sworn September 19, 2005 paragraph 10, Applicant's continuing record Tab 3 page 13;

Respondent's affidavit sworn September 25, paragraph 8, Respondents continuing record Tab 4, page 19.

The respondent's factum might state whether the facts submitted by the applicant are in issue or agreed upon, and set out any additional information that is relevant to the issue. Note that the material relied on must be properly organized with numbered paragraphs, each page is to be numbered, and the sections of each volume must be tabbed.

PART THREE- THE LAW

In this section the factums set out the legal principles relied on, as found in case law, statues and regulations; for example the applicant might state :

1) Re child support:

The applicant submits that the respondent is obliged to pay child support in the amount of $XX in accordance with the child support guidelines as the respondents income is $YY.

See:

Child support guidelines, Applicants Brief of Law , Tab 2 page 4;

Smith v Jones ,(2005), 1400 O.J. 395 per Brown J.

Applicant's brief of Law tab 3., Etc.

Where appropriate, each party should file a separate volume containing a copy of the case law and statutes or regulations relied on. The relevant paragraphs in the material relied on in the cases filed should be highlighted.

PART FOUR :ORDERS REQUESTED

In this part of the factum each party will specify with precision the order he or she is requesting that the judge make, for example:

1) The applicant requests an order requiring that the respondent pay $XX per month in child support

2) The applicant requests an order requiring that the respondent pay $YY per month in respect of spousal support.

3) The applicant requests an order providing that she have custody of the child of the marriage until trial of this matter

4) The applicant requests an order that the respondent be granted reasonable access of the child of the marriage until trial of this matter

5) The applicant requests that the costs of this motion be fixed in the amount of $ZZ.

The factum should be signed by counsel or the party on whose behalf it is filed.

Lawyer’s or party’s signature