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David Stratas Federal Court of Appeal

Learn how to properly format legal citations for Federal Court of Appeal cases, including punctuation rules and preferred citation style (McGill 6th). This guide also covers factual citations and provides helpful tips for using smart cites in your legal writing.

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David Stratas Federal Court of Appeal

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  1. David Stratas Federal Court of Appeal Citations

  2. ● must be in acceptable format ● punctuation matters ● McGill guides? ● most of us love our periods (prefer McGill 6th to McGill 7th) Citations

  3. Legal citations: ● Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342. ● Jones v. Smith (1999), 36 O.R. (3d) 235 (Ont. C.A.). Citations

  4. Legal citations: ● Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342 at paragraph 12. ● Jones v. Smith (1999), 36 O.R. (3d) 235 at 237 (Ont. C.A.). Citations

  5. Legal citations: ● Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342 at paragraph 12; Authorities, v. 2, Tab 32. ● Jones v. Smith (1999), 36 O.R. (3d) 235 at 237 (Ont. C.A.); Authorities, v. 1, Tab 16. Citations

  6. Legal citations: ● More than one citation? ● Official reports? ● Computer printouts? (CanLii, Quicklaw) Citations

  7. Factual citations: Cross-examination of Mary Brown, transcript, p. 34 Citations

  8. Factual citations: Cross-examination of Mary Brown, transcript, p. 34; Motion Record, v. 2, Tab 37. Citations

  9. Things you should never do: ● factums are not academic articles ● supra, infra ● defining cases: e.g. Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342 at paragraph 12 [“Smith”]. ● (definitions in factums generally) Citations

  10. Things you should never do: ● microprint ● bold (or otherwise emphasize) them Citations

  11. Where to place them: ● in a paragraph (part of the text) ● under a paragraph ● in a footnote Citations

  12. A special technique: ● the “smart cite” Citations

  13. Smart cites (law): ● Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342 at paragraph 12; Authorities, v. 2, Tab 32 (hearsay is admissible). ● Jones v. Smith (1999), 36 O.R. (3d) 235 at 237 (Ont. C.A.); Authorities, v. 1, Tab 16 (low weight may be given to hearsay). Citations

  14. Smart cites – “quote snippets”: ● Smith v. Brown, 2014 SCC 12, [2014] 1 S.C.R. 342 at paragraph 12; Authorities, v. 2, Tab 32 (hearsay “admissible” if “reliable and necessary”). ● Jones v. Smith (1999), 36 O.R. (3d) 235 at 237 (Ont. C.A.); Authorities, v. 1, Tab 16 (hearsay is “not ideal” so it may “be given less weight”). Citations

  15. Smart cites – facts: ●Cross-examination of Mary Brown, transcript, p. 34; Motion Record, v. 2, Tab 37 (the weather was bad). Citations

  16. Smart cites – facts: ●Cross-examination of Mary Brown, transcript, p. 34; Motion Record, v. 2, Tab 37 (it “rained like hell” and the wind “howled all night long”). ● Cross-examination of Mary Brown, transcript; Motion Record, v. 2, Tab 37 at p. 34 (it “rained like hell”) and p. 37 (the wind “howled all night long”). Citations

  17. The future: ●e-serving; e-filing; the e-judge: hyperlinks to cases, pdfs in the record, videos and audio clips Citations

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