Key Issues Discussed:

1. Non-Compliant Factum Submission by Craig Boyer (Respondent):

   • Respondent’s factum was rejected for exceeding the prescribed length under Rule 61 of Ontario's Rules of Civil Procedure.
   • It improperly included extra schedules (C, D, E), containing 8,100 additional words beyond the allowed limit, bringing the total to nearly 60 pages.
   • The court ruled these schedules should have been part of the main factum and rejected the attempt to bypass word limits through them.
   • Result: The factum was not accepted, but leave was granted to refile a slightly longer factum, provided that Issue 4 and Schedule E (relating to a clerical error in CanLII postings) were removed.

2. Callidus Capital Corporation's (Appellant) Reply Factum:

   • The appellant was permitted to file a reply factum of up to 7,000 words to ensure fair response to the extended respondent's factum.

3. General Commentary on Reply Factums:

   • Justice Brown recommended revising rules to allow reply factums as of right, as they would enhance judicial preparation and reduce time spent managing appeals.

The appeal is scheduled for October 31, 2024. No decision on the merits of the case or any financial orders are included in this endorsement.