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Back to the Abridgement

Back to the Abridgement. I’ve got a problem…. Rented a car last weekend for my daughter I signed an agreement, including listing my daughter as an additional driver Signed a physical damage waiver with a $1500 deductible

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Back to the Abridgement

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  1. Back to the Abridgement

  2. I’ve got a problem… • Rented a car last weekend for my daughter • I signed an agreement, including listing my daughter as an additional driver • Signed a physical damage waiver with a $1500 deductible • She got into trouble, was caught drinking and driving and wrecked the car • The company is now demanding the whole amount, not just the $1500…..

  3. Our Job • What is the law? • What cases have already happened that will help persuade our judge?

  4. Options • Keyword search in CANLii or other database? • What words would you use? • Look for case digests on the subject and then choose a case or cases based on that. • Digests are SHORTER than case reports! • Only significant cases are digested! • Case digests on the same subject are generally found TOGETHER in the Abridgement! • This means if you find one, you may find more….

  5. Step One: Subject-based finding aids • Digest volumes themselves • Key and Research Guide • General Index • In our example, we will use the Key and Research Guide • Every volume of the Digest has its own “Key”. This volume simply consolidates all the keys in one place.

  6. Step One: Handout • What AREA OF LAW applies to my case? • What sub-topic within that area applies? • Is there a further subtopic that will be helpful? • Let’s put together the volume number and classification code that applies to the digests I’m looking for.

  7. Step One • What AREA OF LAW applies to my case? • INSURANCE LAW • What sub-topic within that area applies? • AUTOMOBILE INSURANCE • Is there a further subtopic that will be helpful? • EXTENT OF RISK • RENTAL VEHICLE • Let’s put together the volume number and classification code that applies to the digests I’m looking for. • VOLUME 57, XII.3.k

  8. Step Two: Finding your digests • See your handout. We’ve now got the right book and the right section. • How many digests are there for this classification? • XII.3.k • Find a digest that might help for my situation. • What number is it?

  9. And, if we had it…. • Canadian Current Law • Monthly update

  10. Is your case still good law? • Has your case been overturned? • How have other cases after your case treated the decision made in your case? • We need to use the Canadian Case Citations to find the answers to these questions, especially question #2 above.

  11. Accessing Digests by Case Name • Another way to access case digests is by case name. • If you find a case cited somewhere or someone mentions the name of a case, you can look it up quickly in the Abridgement Digests. • To do this, we need to use the Consolidated Table of Cases. • Why Consolidated? Because every volume of the digests has its own Table of Cases. These volumes simply “consolidate” all those tables.

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