As Binnie J once said, the difference between a factum and an oral argument is that the factum gives a lawyer a crack at the court, but an oral argument gives the judges a crack at the lawyer. This paper discusses important issues for anyone preparing for an oral argument before the Court of Appeal. Details include: how to properly prepare for oral argument, making a good delivery, including tips on making the best points first, when and how to answer questions from the court, and handling any hypothetical questions and analogies.

This paper was presented at the 47th Annual Refresher – Civil Litigation program in April 2014.