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Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS

Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS. Judicial Decisions. -judicial decision = public record -majority are unreported (only found at the registry office). Judicial Decisions.

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Working with Judicial Decisions Part Two by Annette Demers BA LLB MLIS

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  1. Working with Judicial Decisions Part Twoby Annette Demers BA LLB MLIS Judicial Decisions

  2. -judicial decision = public record-majority are unreported (only found at the registry office) Judicial Decisions

  3. -the Supreme Court must report all of its decisions;-the Federal Court may selectively report; Judicial Decisions

  4. -commercial publishers select and prepare for publication only a few decisions each year which are determined by the editors to have added something new / unique to Canada’s jurisprudence; Judicial Decisions

  5. -judicial decisions can be found using a citation to the printed reporter-if preparing for court you must provide a copy of the case from the printed reporter for cases predating 2000; Judicial Decisions

  6. -judicial decisions are sometimes available from the website of the tribunal-judicial and tribunal decisions are found on CanLii and Quicklaw Judicial Decisions

  7. Use Secondary Sources If asked to research on a topic, first try: a. Dictionary b. Encyclopedia c. Textbook or looseleaf d. Journal article Judicial Decisions

  8. Unique Terms Are there any cases where the Chinese cultural custom of filial piety was considered in an award for damages for personal injury?

  9. Key Legal Issues The client has complained that she was denied a job due to racism.

  10. Key Legal Issues The client has complained of discrimination on the basis of race in an application for employment.

  11. Synonyms accomplice accessory co-conspirator abettor

  12. Truncation

  13. Algorithm CanLII

  14. Algorithm QL

  15. Try it! Use Quicklaw to locate this 1989 Supreme Court case: “Irwin Toy”

  16. Try it! Does the contract principle of “caveat emptor” (buyer beware) still apply in cases where the seller engaged in fraudulent misrepresentation?

  17. Try it! “caveat emptor” /s “fraudulent misrepresentation”

  18. Next:1. Noting up a statute.2. Noting up a case.3. Reading a case to understand its history. Judicial Decisions

  19. Step One:Is your client’s matter statute or common law based? Judicial Decisions

  20. Step One: Judicial Decisions

  21. Statute Based Matters Judicial Decisions

  22. Statute Based Matters Judicial Decisions

  23. Noting Up - Statutes Quicklaw -Legislation Tab -Quickcite Legislation Citator CanLii Westlaw

  24. Noting Up - Statutes Quicklaw Example: Are there any cases which have discussed section 32 of the Criminal Code (suppression of riots)?

  25. Noting Up - Rules Quicklaw Example: Are there any cases which have discussed: Rules of Civil Procedure, RRO 1990, Reg 194, r 1.04 made pursuant to the Courts of Justice Act, RSO 1990, cC.43.

  26. Noting Up - Regulations Quicklaw Example: Are there any cases which have discussed: Approved Screening Devices Order, SI/85-200 made pursuant to the Criminal Code, RSC 1985, c C-46.

  27. Noting Up - Cases Quicklaw: Locate the case Choose “Note up with Quickcite” Filter Review carefully, determine relevant cases Note up any relevant case to ensure it is still good law

  28. Noting Up - Case Use Quicklaw to find any Supreme Court cases which have discussed this case: 2009 SCC 12

  29. Noting Up - Cases Quicklaw Example: Are there any Supreme Court cases which have followed: R v Craig,  2009 SCC 23,  [2009] 1 SCR 762.

  30. THANK YOU! Annette Demers ademers@uwindsor.ca http://www.uwindsor.ca/law/library Judicial Decisions

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