Changes to factums and expert reports - Ontario Superior Court of Justice

Effective December 1, 2024, the Rules of Civil Procedure impose new requirements on factums and expert reports. These involve the certification of authenticity for authorities referred to in a factum or an expert report.

A lawyer must sign the factum to certify that they are satisfied with the authenticity of any authority cited within it.

An expert preparing a report must certify the authenticity of any authority cited within it and sign the Acknowledgment of Expert Duties form 53.

The By Lawyers commentary has been amended to reflect this significant change in court procedure. The commentary outlines the forms and requirements for preparing a factum and expert report. The precedent factum and letters to an expert for a report have also been updated.