What is a factum and when is one required for a motion in Ontario Superior Court?

A factum is a written argument that lays out the facts relevant to a motion, the legal issues in dispute, and the case law and legal principles a party is relying on, organized so a judge can follow the argument before the hearing even starts. It's different from the affidavit evidence in a motion record; the affidavit provides the facts under oath, while the factum makes the argument about what those facts mean and why the law supports the order being requested. A well-organized factum can meaningfully shape how a motion is understood, since judges often read it closely in advance of the hearing.

Factums aren't required for every motion in the Superior Court. Straightforward or unopposed motions generally don't need one, but they're typically expected for more complex or fully contested motions, and are effectively standard for anything scheduled as a long motion, given how much court time and preparation those already involve. Practice can vary somewhat by courthouse and by the specific judge or case management process involved, so it's worth confirming local expectations rather than assuming a formal factum is or isn't needed for a particular motion.