Court Of Appeal Holds That Appellants May File Reply Factum

In Prism Resources Inc. v. Detour Gold Corporation,¹ Brown J.A. granted the Appellant's motion for leave to file a reply factum of five pages. Justice Brown noted that a gap exists in appellate written advocacy, in both the civil and criminal appeal rules, that causes inefficiency and unnecessary costs.  Justice Brown recommended that the Rules be amended to permit appellants to file a reply factum of up to five pages.

Background

Detour Gold involves a dispute between Prism, a precious metal explorer and developer, and Detour, an intermediate gold producer and the owner of the lands in issue.² Prism brought a summary judgment action motion against Detour; at issue was whether agreements between Prism and Detour created an interest in the land, and whether Detour was otherwise obligated to acknowledge and abide by Prism's claim to royalty rights in the land.³ Summary judgment was granted as requested.