Yes. On a motion under Rule 40.01 of Ontario’s Rules of Civil Procedure, Rule 40.04 requires each party to serve a factum. The moving party must generally serve and file its factum, with proof of service, at least seven days before the hearing, while the responding party must generally do so at least four days before the hearing.
Those timelines may be affected by a court order, an applicable practice direction, or case-specific scheduling directions, particularly where urgent relief is sought.
What is a factum on an injunction motion?
A factum is the party’s written legal argument. It organizes the facts, identifies the governing law, and explains why the court should grant or refuse the requested injunction.
Under Rule 40.04(1), the factum must meet the requirements of Rule 4.06.1. That rule requires a concise argument stating the facts and law relied on by the party and imposes requirements concerning citations to legal authorities.
On an injunction motion, the factum will ordinarily connect the evidence in the motion record to the legal test the court must apply.
See What do you have to prove to get an interlocutory injunction in Ontario?.
When is the moving party’s factum due?
Under Rule 40.04(2), the moving party must generally serve its factum and file it with proof of service in the court office where the motion will be heard at least seven days before the hearing.
The factum should work together with the affidavit evidence, documentary exhibits, and requested order. It is not a substitute for evidence: factual propositions relied upon in the argument must have an appropriate foundation in the motion record.
For more on building that record, see What evidence matters most on an injunction motion in Ontario?.
When is the responding party’s factum due?
Under Rule 40.04(3), the responding party must generally serve and file its factum, with proof of service, at least four days before the hearing.
The responding factum may challenge the legal test, the moving party’s characterization of the evidence, the alleged urgency or irreparable harm, the scope of the requested order, or the balance of convenience.
What happens in an urgent injunction motion?
Urgency does not make the factum requirement irrelevant.
Injunction motions can arise on compressed timelines, particularly where immediate interim relief is sought, but the parties still need to address the applicable procedural requirements and any directions made by the court concerning filing, service, scheduling, and the hearing itself.
The practical challenge is therefore to prepare a focused legal argument and evidentiary record quickly enough to match the urgency of the relief sought.
See How quickly can injunction relief be sought in Ontario?.
How does ME Law prepare an injunction factum?
ME Law structures an injunction factum around the precise relief requested, the evidentiary record, the applicable injunction test, and the authorities that determine the motion.
The objective is to give the Superior Court of Justice a concise roadmap showing what the evidence establishes, how the governing legal principles apply, and why the proposed order should—or should not—be made.
For ME Law’s approach to urgent injunction motion preparation, see Urgent Interlocutory and Interim Injunctions.
Contact ME Law if you are preparing for or responding to an injunction motion in Ontario.