History of Factums


  • J.E. Côté




The history of the factum in Canada is little known but greatly significant in the development of written argument. Written argument grew alongside the oral legal tradition. The factum developed in Canada in an unorthodox way. Unlike most Canadian laws and procedures, which find their roots in common law England, the factum originated in Quebec’s civil jurisdiction before being adopted in the Northwest
Territories. This article explores the evolution of written argument and the historical use of the factum in the United Kingdom and Canada and details the practice of factum use in Alberta particularly.