LGL250- Legal Research

 Textbook Chapters – 1, 2, 3, 4, 5, 6, 7, 10, 13 (pp. 201-222)

TOPICS COVERED
Statutes and Regulations
 Reading statutory and regulatory provisions, including ability to read, analyze
and apply a statute/regulation to a fact situation
 Citing statutes – interpreting and drafting
 Parts of a statute

Cases
 Citing cases – interpreting and drafting
 Finding the text of a case
 Parts of a case
 Ability to read, analyze and apply legal principle(s)(ratio) of a case to a fact
situation
 Read the Yim v Rogers Communications Partnership case posted on Blackboard.
A copy of this case will be attached to your test.

Researching a Subject
 Identifying legal issues
 Court hierarchy
 Binding and Persuasive Law
 Good legal research
 Sources of law (primary and secondary)

Using the print version of the Canadian Encyclopedic Digest (CED)

 Organization of the CED
 Finding a general statement of law on a topic

Using the print version of the Canadian Abridgment

 Understanding the Key Classification system
 Understanding case digests
 Updating a case
 Chapter 1

 Research is:

o finding information to learn about something you don’t already

know, or

o finding information to confirm the accuracy of something you

do know, but about which you are unsure

 Information is all around us - in books, newspapers, radio, television,

internet

 The information containing the answer to a question is available

somewhere, but you must know:

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 o where and how to find it; and

o how to understand, evaluate, and apply it

 All research involves the same basic steps:

1. Identify the issue to be researched in order to solve a specific

problem

2. Identify and use the right research tools to find information

about that issue

3. Read and understand the sources to which the research tools

point you

4. Apply the information you find to solve the problem

5. Communicate what you have learned

Legal Research:

2. A lawyer, paralegal or law clerk will perform legal research in order

to take action or advise a client how to proceed in a given situation

1. Key aspect – finding cases that deal with similar questions to

those presented by the client’s problem AND finding legislation
that governs any aspect of the client’s problem
Ex: a commercial lawyer researches case law to advise a client whether a
contract she entered into is valid and whether the other party can be forced
to perform his obligations under the contract

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 3. You must be able to:

1. identify a legal issue after hearing the story of a client’s

problem

2. work with specialized legal research tools and sources

3. apply the law you find so that you can solve the client’s
problem

Legal Writing:
§ You may need to communicate the results of your research in writing
– in an email, memo, or letter
§ You must be able to write clearly and grammatically when working in a
legal environment

Categories of Law:
1. Substantive law defines legal rights and obligations and also sets out
any available defences to legal proceedings
§ Public/Private Law:
§ Public law: governs the relationship between legal
persons (individuals, partnerships, corporations) and the
state (federal, provincial, municipal gov)
§ Constitutional law
§ Criminal law
§ Tax law
§ Immigration & refugee law
§ Env. Law
§ Child welfare
§ Municipal law

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 § Private law: governs the relationship between legal
persons
§ Contracts
§ Family law
§ Property law
§ Real estate
§ Torts
§ Wills & estates
§ Commercial law
2. Procedural law sets out the procedure that a party must follow to
enforce his or her rights in a court proceeding or to defend a
proceeding
3. The law of evidence sets out the manner in which facts are proved at
trial
Sources of Law:
§ Canadian law comes from:
– statutes passed by either the federal parliament or provincial
legislatures
– regulations made by the federal or a provincial government
pursuant to statutes
– decisions made by judges and adjudicators in court and tribunal
proceedings (case law)
– by-laws made by a municipality

Primary v. Secondary Sources:

§ Primary sources are the actual statutes, regulations, by-laws and case
decisions that create the law
§ Secondary sources are sources that summarize, discuss or explain
primary sources and include:
– legal encyclopedias

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 – digests of cases
– indexes to statutes
– textbooks
– articles
– legal newsfeed services, and
– legal blogs
§ Use secondary sources to gain an understanding of the law and as
finding tools to direct you to the primary sources that actually create
the law
§ When performing legal research, cannot rely on secondary sources
alone. They’re just tools to help gain understanding of the law & direct
you to primary sources that actually create the law.

Online v. Print Sources:

§ It is now possible to do everything with online sources that was
previously done using only paper sources
§ Online legal sources take a variety of forms:
– On-line versions of secondary sources such as legal
encyclopedias, digests of cases and indexes to statutes
– On-line versions of primary sources – statutes, regulations and
cases – available on free internet sites or through subscription
services
– On-line services such as Lexis Advance Quicklaw and
WestlawNext Canada that combine the finding features of a
secondary source with access to the primary source, such as the
text of statutes and case reports

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Good Legal Researcher:
§ You must determine which of the available sources is/are appropriate
to the research task
– Assess strengths and limitations of available sources and select
best one to use
§ Your legal research must be accurate which means that you must:
– find all the relevant law from primary sources
– make sure the law you find has not been
amended/repealed/overturned
– understand the information you find and summarize or copy it
correctly

Chapter 2: Statutes

Statutes:
§ Statutes are written laws created by Parliament of Canada or a
provincial legislature
– Also known as legislation, acts of legislature, or acts
– Canadian Constitutions (made up of 2 acts), determines whether
it’s the power of Parliament or prov. Legislature to create
legislation about a particular subject matter
§ Set out the law about a matter
– may permit or require legal entities (individuals, partnerships
and corporations) to do certain things in certain circumstances
– may require legal entities NOT to do things in certain
circumstances
– may state approved methods of doing things that are required
or permitted

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 § Statutes create penalties or consequences for not doing what is
required or for doing what is prohibited

Why Read a Statute?

§ To determine what the law is so that you can:
– understand legal rights and obligations
– answer a legal question
– give a client legal advice (if a licensee)

How Statutes are Created:

1. Headed by a chapter number and the name of the Statute (when
originally enacted: by a long title)
– Long title is used when statute is originally enacted (full name of
the statute, beginning with “An Act respecting” or similar
phrasing)
– Either at the end or beginning: Statute will set out short title
(beginning with “this Act may be cited as”)
§ Use short title when citing a statute
§ Lengthy statutes may include a Table of Contents
setting out parts and sections of the statute
2. Statute may include a preamble or an initial section that sets out
purpose and main principles of the statute. Usually begins with
Whereas.
3. Statutes are subdivided in to parts, and then in to sections, paragraphs
and subparagraphs (as necessary)
– Ex:
I Part
1. Section

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 (1)Subsection
(a) Paragraph
(i) Subparagraph
-Brief notes appear as headings next to or above statutory provisions to
indicate what the sections are about
4. Statute may contain introductory section setting out:
– Scope of the statute (to whom and to what)
– Definitions of words used in the statute
– Officials responsible for administering the statute
– Other details about how it is to be administered, if necessary
5. Law itself is contained in the body of the statute
– may include sections that create offences for disobeying the law,
and penalties
6. Statute ends with housekeeping provisions
– Details such as:
§ Date statute will come into force
§ Right of officials who administer the statute to make
regulations under the statute
§ Short title of the Act
Example of Organization of a Statute p. 19

How to Read a Statutory Provisions:

§ Read the provision more than once
§ Pay close attention to every word – each word has a specific meaning
§ See if words in the provision are defined elsewhere in the statute
§ Pay close attention to “ands” and “ors”
– and – all elements are included

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 – or – only one of the elements need be included
§ Read any sections or statutes that are cross-referenced in the
provision
§ Ask yourself the following questions: p.22
– What matters does the statute deal with, in general?
– What matters does this particular section deal with?
– To whom is the particular section directed? (public, spouse,
agent, corporation)
– Does the provision order, prohibit or permit something to be
done? What? In what circumstances?
– If there is an order or prohibition, how is it enforced?
§ Break the provision down into its separate elements
– To identify the important information – the rules to apply to a
client’s fact situation
Warning: When copying a statutory provision for research; never
paraphrase or put into own words. Quote the statute exactly or will change
meaning.
Referring to Other Sections:
-May break down a statutory provision into its elements in order to
understand it, or do the opposite and build up the elements by referring to
other sections.
-For ex: look in the definition section of the statute to understand the legal
world of a word
Example: Change of Name Act, RSO 1990, c C.7 says:
§ 4(3) An application by a child requires the written consent of every
person who has lawful custody of the child.
§ Who is a “child” for the purposes of this statute?

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 – Must check definitions in s. 1 of the Act which contain
definitions
– There, “child” is defined to mean “a person under the age of
eighteen years”

Building Up a Statutory Provision:

 Instead of referring to the definition of a word, may have to refer to
toehr entire sections of the statute.
 Canada Business Corporations Act s. 108(1)
§ 108(1) A director of a corporation ceases to hold office when the
director
a) dies or resigns;
b) is removed in accordance with section 109; or
c) becomes disqualified under subsection 105(1)
To understand this section, you have to incorporate into it the sections it
refers to:
§ 105 (1) The following persons are disqualified from being a director of
a corporation:
a) anyone who is less than eighteen years of age;
b) anyone who is of unsound mind and has been so found by
a court in Canada or elsewhere;
c) a person who is not an individual; or
d) a person who has the status of bankrupt.
§ Built up, broken down section 108(1)(c) will look like:
108(1) A director of a corporation ceases to hold officed when
the director…
(c) becomes disqualified under subsection 105(1)

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 105(1) The following persons are disqualified from being a
director of a corporation…
(b) anyone who is of unsound mind and has been so found by a
court in Canada or elsewhere
(d) a person who has the status of bankrupt

How Statutes are Published:

§ Statutes are published both in print and electronically
§ In print – Statutes are first published in an annual volume that is
designated by year
– Ex: SC 2012 (Statutes of Canada, 2012)
• Contains only statutes passed in 2012
§ Statutes are given a chapter number in the volume according to the
order in which they were passed in that year
§ In the past, a set of revised statute volumes was published at regular
intervals
§ All statutes in force as of the date of the revision were published in the
revised volumes
– Any amendments that were made to the statute since the
previous revision (or since it was enacted) are incorporated into
the revision
§ The most recent federal revision was in 1985; the one before that
was in 1970
§ Ontario statutes used to be revised every 10 years (1970, 1980, 1990)
– However, the most recent revision of Ontario statutes was in
1990
§ Statutes that are enacted after the publication of the last revised
volume are published in annual volumes

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 – Ex: all Ontario statutes enacted AFTER 1990 appear in an annual
volume
– If enacted in 2003, will appear in the Statutes of Ontario (SO) for
2003
§ The current trend is to consolidate statutes electronically on a
continuing basis by incorporating subsequent amendments
 Online Version of Statutes –
§ Governments maintain statutes on computers and publish them
quickly on their official websites
§ Currency is noted at the beginning of the statute
§ Electronic databases generally don’t date back beyond 2000
– To see the original version of a statute enacted in 1996, for
example, you must find a print version
Statutory Citations:
• To find the text of a statute using print sources, you need to know
the citation of the statute

• A citation is made up of four elements:

1. the name of the statute
2. the volume title abbreviation
3. the chapter number
4. the section number (if applicable)

Development Charges Act, SO 1997, c 27, s 2

1 2 3 4

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Business Corporations Act, RSO 1990, c B.16, s 2
-Same components regardless of annual (SO 1997) or revised (RSO 1990)
1. Name of the Statute
• The short title is used, omitting the word ‘the’ (usually found at
beginning or end of statute and is prefaced by the words This
Act may be cited as)
• The name of the statute is italicized and is followed by a comma
• If a year is in the short title, include year as part of the title in
your citation
• Ex: Pharmacy Act, 1991, SO 1991, c 36
• Ex: Parental Responsibility Act, 2000, SO 2000, c-4.
2. Volume Title Abbreviation
• name of statute series in which statute appears, including year
of publication
• It is followed by a comma
• Annual volumes:
• SO - Statutes of Ontario
• SC - Statutes of Canada
• Revised volumes
• RSO - Revised Statutes of Ontario
• RSC - Revised Statutes of Canada
The last time Ontario issued revised statutes was 1990. 
The last time the federal government issued revised
statutes was 1985.

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 More examples:
• SC 1989 (Statutes of Canada for 1989)
• SO 1993 (Statues of Ontario for 1993)
• RSC 1985 (Revised Statutes of Canada, 1985 revision)
• RSO 1980 (Revised Statutes of Ontario, 1980 revision)

3. Chapter Number
• The specific chapter number that the statute has been assigned
in the volume
• It is followed by a comma (if followed by section no.)
• In annual statute volumes, statutes are assigned a number only
(c 1, c 2, etc.)
• In revised statute volumes, statutes are first put in alphabetical
order and then numbered using an alpha-numeric which is
drawn from the name of the Act
• Revised Ontario statutes use a period after the alpha-
numeric (c B.16)
• Revised federal statutes use a hyphen (c B-16)
4. Section Number
§ Tells you the section number or numbers in the Act that are referred
to
§ “s” stands for section
§ “ss” stands for sections
§ Note: may also be cited as s or ss
§ Use brackets to refer to subsections
§ Ex: s. 2(1)

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Legislative History p.27:
• In successive revisions of a statute, the same statute may appear
under a different chapter number and the same statutory provision
may appear under a different section number (than in an earlier
revision).
• The legislative history of a provision is given at the end of each
provision in a statute.
• It contains a citation to the previous revision followed by a citation to
any statute that amended the provision

Finding Federal Legislation using the Gov website:

• Department of Justice Website
– laws.justice.gc.ca/eng/
• To find the current version of a statute/regulation using its name, click
on Consolidated Acts or Consolidated Regulations (under the Laws
heading) and select the first letter of the name of the statute or
regulation under the Acts by title heading
– all statutes/regulations beginning with that letter are displayed
• when you find statute/regulation, click on its name to view
the text of the statute
• OR, enter the name of the statute/regulation in the Find a title search
box
– click on Go To Table of Contents to view the text of the
statute/regulation
Example:
• Find the text of the Canada Health Act
– click on Consolidated Acts and select the letter “C”
– find the statute by name

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 • the name of the statute is a hyperlink to its text
• link to regulations by clicking the R (yellow box) beside
name of statute
OR
– enter Canada Health Act in the Find a Title field
• select Go to table of contents
Viewing text of a Federal Statute:
• link to the text of a specific section by selecting the appropriate entry
in the table of contents
• view adjoining sections using the Previous Page and Next Page buttons
at the top and bottom of each section
– select a specific section from the “Go to page” drop-down menu
at the bottom of the page
Finding Ontario Legislation using Gov Website:
• Ontario e-Laws Website
– https://www.ontario.ca/laws
• Browse by title to find a statute using its name:
– click the Browse tab and then select Consolidated law (to see
the text of the current version of the statute) or Source law (to
see the text of the statute as originally enacted)
– select Statutes only from the Results for: drop-down menu
– select the first letter of the name of the statute under the Acts
by title heading and a list of statutes starting with that letter
appears
– find the statute and click on its name to view the text of the
statute OR
• Enter the name of the statute under the Search tab
Example:

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 To find the text of the current consolidated version of the Safe Drinking
Water Act:
• select the Browse tab and click on the letter S
• select Consolidated law and check the Current box
• select Statutes from the Results for: drop-down menu
• scroll down the alphabetical list of statutes and find the Safe Drinking
Water Act
– click on its name to view the text of the statute
 OR
• Select the Search tab
• Enter the name of the statute
• Hit Search

Bylaws: law made by a body that is granted the power to do so by a

legislature
-Province can delegate to a municipality right to legislate on a range of
matters. Section 10(2) of the Ontario Municipal Act, 2001: health, safety and
wellbeing of persons, protection of person & property; animals; structures;
including fences & signs, business licensing. A city/municipality legislates by
passing bylaws.

Chapter 3:
Regulation:
§ Rules made under the authority of an enabling statute (statute that
delegates the power to make regulations)
– also called subordinate or delegated legislation
§ Enabling statute deals with general principles & objectives;
Regulations under the statute concerned with procedural &

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 administrative aspects of the law—provide details on how to carry
out the enabling statutes overall purpose&objectives
§ Regulations are created by department or ministry officials to whom
the statute gives the power to make regulations
– they are not passed by Parliament or legislature
How They’re Created:
-No regulation can be made without statutory authorization
 enabling statute states who has authority to make regulations & for
what purpose
 can be created&amended by gov more quickly than statutes
 come into force upon filing, registration or publication
o fed regulations: on the date specified in regulation or on dare of
registration
o Ontario: on the date filed, unless regulations or enabling statute
states otherwise
Why Read Regulation?
§ Regulations have the force of law and are as important as statutes
§ In the case of framework legislation: a statute that provides an outline
of the intended law and leaves the details to be worked out in the
regulations: the regulations may appear more important than the
statute
§ Enabling statute deals with general principles and objectives;
regulations under the statute are concerned with procedural and
administrative matters
– provide details about how to carry out objectives of statute
(how to “apply” the law)
§ If a statutory provision refers to a regulation then you will need to
read the regulation in order to understand the full meaning of the
provision

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How to Read Regulation:
§ Text is similar to that of a statute and is read in the same way
§ Like statutes, they require, prohibit, or permit certain actions and set
out a method of doing what is required or permitted
– also create penalties for not doing what is required or for doing
what is prohibited.
– Regulations are issued and change on a very regular basis
How Regulations are Published:
§ Federal regulations are published electronically in the Canada Gazette
§ Ontario regulations are published electronically on the e-Laws website
Finding Federal Regulations:
§ Easiest way to find regulations is to find enabling statute first and then
link to the regulation(s)
– it provides link to regulations
§ If you know the name of the regulation you want to find, click on
Consolidated Regulations and search by name the same way as
discussed above for finding statutes
§ Ex: Citation for federal regulation titled Canada Student Loans
Regulations, which was made under the Canada Student Loans Act,
RSC 1985, c-S-23, is SOR/93-392  tells us it was the 392nd federal
regulation filed in 1993
Finding Ontario Regulations:
§ Once you find the text of the statute, select the Regulations under this
Act tab to view a list of all regulations
– select the name of the regulation to retrieve the text
§ If you know the name of a specific regulation, you can find its text by
using the Browse or Search tabs, as discussed above with respect to
statutes

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 – select Regulations from the Results for drop-down menu, after
inputting the required information
§ Citations are identified by abbreviated name of province plus Reg for
Regulation.
– Ex: Driver License Examinations, made under Ontario’s Highway
Traffic Act, is O Reg 341/94 tells us it was the 341st Ontario
regulation filed in 1994
Regulatory Citations:
 Usually cited by year the regulation was made, and chronological
number of the particular regulation in that year
 Name of regulation not typically included in citation
 Ex: Regulations of Canada are identified by SOR; stands for Statutory
Orders and Regulations
o SI: abbreviation for Statutory Instrument (general term that
includes federal regulations)

Statutory Citation Exercises

1.The Alien’s Real Property Act is an Ontario statute that was enacted in
1954. Write out the citation for this statute with reference to section 17,
subsection 3. It is chapter number 18 in the most recent revised volumes.
Alien’s Real Property Act, RSO 1990, c A.18, s 17(3)

2.The Artificial Insemination of Livestock Act was enacted in 1991 in Ontario.

It is chapter number 30 for that year.
Artificial Insemination of Livestock Act, SO 1991, c 30

3.The Alternative Fuels Act was enacted in 1995. It is a federal statute. It is

chapter number twenty.

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Alternative Fuels Act, SC 1995, c 20

4.The Copyright Act is a federal statute originally enacted in 1954. It is

chapter number 42 in the most recent revised volumes. Provide the citation
with reference to sections 13 and 14.
Copyright Act, RSC 1985, c C-42, ss 13, 14

Correct the Citations

1.Ontario’s Residential Tenancies Act, 2006, RSO 2006, chapter R. 17

Residential Tenancies Act, 2006, SO 2006, c 17
 
2.The federal Criminal Code, Canada, 1984, chapter C 46
Criminal Code, RSC 1985, c C-46

3.Human Rights Code, Ontario Statutes, 1989, chapter 19

Human Rights Code, RSO 1990, c H.19

4.The federal Plant Protection Act, Canada, 1990, chapter 22

Plant Protection Act, SC 1990, c 22

Chapter 4: Cases
Case law:
 one of the 4 primary sources of Canadian law (incld. Statutes, bylaws
& regulations)
 Written record of a judge’s reasons for deciding a dispute in a legal
proceeding

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  Legal researchers must know how to find, read, and understand a case
Why Read a Case:
§ Case law research can tell you:
– Whether a client has a cause of action
– How much a client can expect to be awarded in damages
– Likelihood of success
– What evidence has to be presented at trial
When is Case law useful?
§ When advising a client about a legal problem, case law is useful only if:
– the issues in the case and in the client’s situation are similar
– the facts in the case and in the client’s situation are similar
– the case is binding (law that a court must follow) or persuasive
(law that a court may follow) in your jurisdiction
–
How to Read a Case:
§ All cases have the same basic structure
§ Cases contain the following elements:
– Purpose
– Facts
– Issues
– Law
– Ratio Decidendi
– Decision
– Dispositon
-Sometimes, separate reasons for decision reflect multiple opinions  both
majority opinions and dissenting (minority) opinions

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Headnote and Summary:
§ If a case has been edited for a report series or database, a short
headnote and summary may appear at the beginning of the case
§ Example: Constitutional Law — Charter of Rights and Freedoms —
Nature of rights and freedoms — Freedom of conscience and religion
§ Don’t rely on the headnote and summary alone – read the case!

1. Purpose:
§ This element answers the question: why did this case come before the
court or tribunal? (procedurally)
§ Examples: action for damages for negligence, motion for summary
judgment, appeal from a decision of the Superior Court of Justice
§ Each case will mention (before or at the beginning of the judge’s
reasons) why the case is before the court
2. Facts:
§ This element answers the question: what happened?
§ Facts can include:
– events leading up to the cause of action
– procedural history - the decision at trial and the grounds of
appeal (if an appeal court)
§ You must understand the issues and the law before you can determine
which facts are relevant
§ Look for the facts that are relevant to the issues decided

3. Issues:
-This element answers the question: what legal questions must the
judge or adjudicator answer in order to decide the case?

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 Specific problems the decision maker must resolve
Often introduced by the word “whether”
-Understanding the issues is key to understanding the case as a whole
-Once the decision maker identifies an issue, he/she must consider all
the elements that make up that issue by:
Looking at the law connected with the issue to identify the legal rules
involved; and
Looking at the particular facts of the matter to determine whether the
requirements or conditions of any legal rules identified have been met

4. Law:
 This element answers the question: What did the law say before
this dispute came before the decision maker?
 The decision maker will discuss the existing law on each issue
identified
 The parties may cite different lines of authority (sets of cases
that share the same or similar viewpoints over a period of time)
to support their own side
 Decision maker may therefore refer to 2 or more cases or
statutes that give different views of the law on an issue
 Decision maker will decide which line of authority to follow
 Decision maker then applies that law to the facts of the case

5. Ratio Decidendi:
 This element answers the question: What principle of law does the
case stand for?
 Reason for deciding
 Statement of the principle of law that the case establishes
 The legal principle within the judgment that the judge used to
reach a decision on the issue(s)
 reasoning behind the judge’s decision

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  Often introduced by: here, in this case, in my view
 Ratio is the binding part of a case – it’s the part of the case you cite
when using it for research
 Example: “a person owes a duty of care to those who he can
reasonably foresee will be affected by his actions”

6. Decision:
 This element answers the question: what is the result of the
application of the ratio to the legal issue(s) identified?
 The decision flows from the application of the ratio
 the decision and outcome of the case depend on the principle of
law or legal rule (ratio) established by the judge
 Example: “the plaintiff is entitled to the remedy requested”; “the
defendant is responsible for the plaintiff’s damages”
 Usually appears either at the beginning or the end of the ratio

7. Disposition:
 This element answers the question: what is the procedural outcome of
the proceeding?
 Tells you where the parties stand as a result of the case
 Example: appeal dismissed; judgment for the Plaintiff
 Disposition usually includes an award of costs to the successful party

Obiter Dicta:
 words by the way
 Comments that judges make that are not strictly necessary for the
final decision
 may include examples or hypothetical discussions
 Can be helpful in understanding the ratio but aren’t part of the
decision and not binding

Dissents:

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 § Dissents are possible when there is more than one judge
§ Dissents reflect disagreement among the judges as to the disposition
of the case or as to the ratio and decision
§ Dissents are not binding but may be persuasive

Briefing a case:

What is a Case Brief:

 A summary of a case that provides the following:
§ name and citation of case
§ date of decision
§ parties to the case (and status)
§ legal issue(s)
– what legal question(s) must court decide?
• may include matters of fact or law
• stated in the form of a concise question
§ relevant facts of the case
– facts that are essential to the legal issue(s) identified
§ reasons for the decision (ratio decidendi)
• rule of law/principle of law that judge relied on to reach
decision (reasoning behind the court’s decision)
§ decision
• what did the judge decide? (answers the legal issue(s)
identified)
Format for Case Brief:
§ Preliminary Information
– name and citation of case

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 – date of case
– names of parties
– status of parties
§ Legal issue(s)
§ Relevant facts (omit procedural history)
§ Ratio Decidendi
§ Decision

Case Citations:
-Case citation is made of 7 parts:

1. Style of Cause:
 Sets out the names of the parties (last names only)
 The names of the parties are separated by a “v” and are
italicized
 Undisclosed parties to a case are represented by initials (e.g., R v
RDS)
 Criminal cases are prosecuted by the Crown which is always
represented by "R" for Regina (queen) or Rex (king)
2. Year:

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  Sets out the year in which the case is decided or published in a
report series
 Square brackets = the year the case was published.
 Round parentheses = the year the case was decided.
 If the report series numbers its volumes sequentially (no matter
what the year):
 The year is placed in round brackets ( ), and is followed by a
comma.
 You do not need to know the year to find the case in the report
series.
 If the report series starts a new set of volume numbers each
calendar year:
 The year appears in square brackets [ ], and is preceded by a
comma.
 You must know the year in order to find the case in the report
series.

3. Law Report Volume Number:

 Sets out the volume number of the report series in which your case
can be found
 If the report series starts a new sequence of volume numbers each
year, make sure you look for the volume number for the correct
year

4. Name of the Law Report Series:

Sets out the name of the law report series in which the case is
reported (using abbreviations)

5. Law Report Series Number

 Sets out the series (edition) number
 Subsequent editions are identified by 2d, 3d, 4th, and so on (not
2nd, 3rd)

29
  If a citation contains a series number, look for the right series as
well as the right volume number of the report

6. Page Number
 Sets out the page number on which the case begins in the report
volume
 No abbreviation (such as p. pp. or pg.) is used
 Citation may include reference to particular passage in the case
 Hopp v Lepp, [1980] 2 SCR 192 at 201
 Fucella v Ricker (1982), 35 OR (2d) 423 at 426 (H Ct J)

7. Jurisdiction and Court

 Sets out the jurisdiction and the level of court (using abbreviations)
 This information is omitted if the jurisdiction and/or court level is
obvious from the name of the reporter series
 If the citation is for a report series that includes cases for one province
only, only the level of court is set out.
 If the citation refers to a report series for one court only, the level of
court will not be included in the citation

Parallel Citations:
§ Cases may be reported in more than one report series, in which case
“parallel” citations are given
§ A parallel citation tells you about other reports where same case is
published
§ Example: R v Carosella, [1997] 1 SCR 80, 142 DLR (4th) 595, 112 CCC
(3d) 289
– This case can be found in the Supreme Court Reports, the
Dominion Law Reports and Canadian Criminal Cases.
– So only need to look up the case in one of the law report series

30
Citation with Case History Included:
§ If a case has been appealed to higher courts, the citation may include
the case history
Ex: Queen v Cognos Inc., [1993] 1 SCR 87, rev’g (1990), 74 OR (2d) 176
(CA), aff’g (1987), 63 OR (2d) 389 (HCJ)
§ This citation tells you that the 1993 Supreme Court of Canada decision
reversed the 1990 decision from the Ontario Court of Appeal, but
affirmed the 1987 decision of the Ontario High Court of Justice
§ Means Supreme Court of Canada didn’t agree with Court of
Appeal decision but did agree with trial court’s decision
§ Subsequent history of Queen v Cognos is:
§ Queen v Cognos (1987), 63 OR (2d) 389 (H Ct J), rev’d 74 OR (2d)
176 (CA), aff’d [1993] 1 SCR 87
§ Tells you that the Ontario High Court of Justice decision
was reversed by Ontario Court of Appeal, but affirmed by
the Supreme Court of Canada. Means Court of Appeal
didn’t agree with trial court, but Supreme Court of Canada
did.
Neutral Citations:
§ Courts now assign neutral citations to judicial decisions
– neutral citation identifies only the case itself
– it does not identify where the printed case report can be found
in a publication
Elements of Neutral Citations:
§ Example: R v Manning, 2013 SCC 1

31
 1. Style of cause (names of the parties)
2. Year of decision
3. Court or tribunal abbreviation (Supreme Court of Canada)
4. Chronological number indication decision’s place in the sequence of
cases decided in that year (Example: 1st case decided in 2013)

Online Database Citations:

 Include the source’s reference for that online version of the case.
Example for case of Junker v Hughes:
 CanLII Citation: Junker v Hughes, 2016 ONCA 81 (CanLII)
 Lexis Advance Quicklaw Citation: Junker v Hughes, [2016] OJ. No. 506
 LawSource Citation: Junker v Hughes, 2016 CarswellOnt 1269

Complete Citations:
§ If a case has a neutral citation, use that citation only.
– Do not include a law report or electronic database citation.
§ If a case does not have a neutral citation, a complete citation should
include two print or electronic resources (see Parallel Citations on
previous slide).
Updating Cases:
§ Once you find relevant case law, you must make sure that it is current,
by updating each case to find out:
– the case’s appeal history or case history
• Has it been confirmed or overturned on appeal?
• What was the highest court that reviewed the decision?
– How the case has been treated by other judges

32
 • Has it been followed or not?
• Has it been distinguished?
How to Update a Case:
§ Look up the name of the case in the Canadian Case Citations (part of
the Canadian Abridgment)
– Cases are listed alphabetically by name
§ If the case has been mentioned in other cases, those cases are listed,
preceded by a treatment symbol

33
 Case history

Cases citing Court of

Appeal decision

Cases citing Supreme

Court of Canada
decision

34
 Case Citation Exercises

Write out the correct print citation for the following:

1. stewart against lola borins published in the third 1985 volume of the
supreme court of Canada reports, on page 90
Stewart v Borins, [1985] 3 SCR 90
2. Toronto Star Newspapers Ltd. v Canada was the 59 th case decided at the
Ontario Court of Appeal (ONCA) in 2009. It is reported in volume 94 of the
3rd edition of the Ontario Reports (OR) at page 82. What is the neutral
citation?
Toronto Star Newspapers Ltd. v Canada, 2009 ONCA 59
3.Tommy Hilfiger Licensing Inc. sued International Clothiers Inc. and the case
was the 252nd case decided by the Federal Court of Canada Appeal Division
(FCA) in 2004. Draft the neutral citation.
Tommy Hilfiger Licensing Inc v International Clothiers Inc., 2004 FCA 252
4.The case of R v Morgentaler was decided in 1988 by the Supreme Court of
Canada (SCC) and published in the 44th volume of the 4th edition of the
Dominion Law Reports at page 385. Draft the print citation.
R v Morgentaler (1988), 44 DLR (4th) 385 (SCC)

5.Stuart Queen sued John Cognos and the case is reported in the 1 st volume
of the 1993 Supreme Court Reports (SCR) at page 87. It is also reported in
the 99th volume of the 4th edition of the Dominion Law Reports (DLR) at page
626. Draft the parallel citations.
Queen v Cognos, [1993] 1 SCR 87, 99 DLR (4th) 626
6.Art Cole was convicted of assault and the case was the 67 th case decided
by the Supreme Court of Canada (SCC) in 2012. It was reported that same

35
year in the 3rd volume of the Supreme Court Reports (SCR) at page 34. Draft
the complete citation.
R v Cole, 2012 SCC 67
* If a case has a neutral citation, use that citation only for complete
citation

Correct the following print citations:

1. Jackson versus wilson [1990], 57 DLR. (3rd), p. 311 (O.C.A)
Jackson v Wilson (1990), 57 DLR (3d) 311 (Ont CA)

2. John Gordon vs. Goertz, 1996 2 S.C.R. 27

Gordon v Goertz, [1996] 2 SCR 27

3. Peter Pallandan versus Williams, [1985], 56 DLR (2 nd) 311-324 (O. Court of
Appeal)
Pallandan v Williams (1985), 56 DLR (2d) 311 (Ont CA)

4. Jackson versus Gordon, (2001) 6 SCR 27

Jackson v Gordon, [2001] 6 SCR 27

5. Correct the following neutral citation: Smith v Bronday, SCC 2011 10

Smith v Bronday, 2011 SCC 10

36
Chapter 5:
Analyzing a Fact Situation p.78-81
§ How to analyze a Fact Situation:
The first step in legal research is to examine the client’s fact situation
to identify and understand the legal issues arising out of it
– the specific problems that must be solved in order to provide a
client with a solution to a problem posed by the fact situation
Examine the Fact Situation to Determine the Legal Issue:
§ Steps involved:
1. Identify the Issues on a Preliminary Basis
 What does the client want?
 What are the relevant facts?
 What is the area of law?
 What is the objective of your research?
2. Formulate the Issues
 Write down the issues you have identified, starting with the
word “whether”
3. Consider hidden issues
4. Identify need for further information

Chapter 6: Preparing for and Performing Research

Performing the Research:
§ Start your research with secondary sources:
– provide an overview or synopsis of a legal area or subject
– often also provide a list of the most relevant primary sources of
law

37
 § You are looking for:
– First look for binding law in favour of your client
– Then, persuasive law in favour of your client
– Finally, also look for binding law and persuasive law that go
against your client
– TO neutralize law that goes against client: unfavourable case
law can be “distinguished” in argument, meaning the legal
representative can try to persuade judge that the facts in the
present case are different from those in cases cited by the
opposing side that those cases are inapplicable and irrelevant.

Binding Law & Persuasive Law:

§ Binding law is law that must be followed by a court
– Includes statute law, regulatory law, and case law
§ Persuasive law is law that a court is not legally required to follow, but
is permitted to follow (as long as it doesn’t conflict with binding law)
§ When doing research, you first look for binding law in favour of client

Binding Statutes and Regulations:

§ Federally enacted statutes/regulations bind the courts in all
provinces
§ Provincially enacted statutes/regulations bind the courts in the
province of enactment only
– e.g. Ontario’s Highway Traffic Act binds Ontario courts only
Binding Case Law:
§ A binding case is an existing decision that a judge or master must
follow if the facts and/or issues in that case and in the case before the
court are sufficiently similar

38
 – Only part of a binding case that is actually binding is the ratio
decidendi
– In a case on appeal where there is a majority opinion and a
dissenting opinion, only the majority ratio is binding
§ Why force a decision-maker to follow a previous decision?
– Stare decisis – principle that similar cases should be decided in a
similar fashion
– Decision-maker is bound by a decision of another court if the
decision-maker is lower down in the chain of appeal
Persuasive Case Law:

 Persuasive law is case law that a particular court or tribunal is

not legally required to follow because it does not fall into the
category of binding case law
 Includes:
 well-written decisions in cases from a variety of courts inside
and outside the province or territory that deal with similar facts
and issues
 dissenting opinions and obiter dicta – especially when expressed
by judges on the highest courts (Supreme Court)
 Persuasive law may be followed as long as it doesn’t conflict
with binding law
Chain of Appeal:
§ Cases are first heard by a trial court
§ The losing party may appeal that decision to a higher level court,
usually only on a question of law
§ The appeal court usually consists of a panel of 3 judges
§ It ultimately decides whether to reverse the trial judgment, uphold it,
amend parts of it or send the whole matter back for retrial
Research Process:

39
 § Familiarize yourself with the area of law concerning the issues you
identified
– Use secondary sources to find a general statement of the law
• Texts, legal encyclopedia, articles or someone who is
knowledgeable about the area of law
§ Find, read (and understand!) and update the primary sources of law
§ Apply the law to the fact situation to determine the answers to the
issues you identified
§ Review your analysis of the fact situation and, if necessary, research
the subject again
§ Binding vs. Persuasive Cases – Exercise

40
 §

Chapter 7: Print Research Sources:

Finding Tools:
§ Finding tools is the term used to describe the secondary sources that
you use to start your legal research
§ When researching a specific topic or legal issue, use these tools to
find:
– a general statement of the law about your research topic

41
 – primary sources of law:
• applicable statute(s) and regulation(s)
• relevant cases
• bylaws
§ Updating Tools:
You must update your research to make sure:
– that the statutes and regulations you have found have not been
amended or repealed; and
– that the cases you have found have not been overturned on
appeal nor the legal principles in them changed by subsequent
cases
§ There are secondary sources or updating tools that you can use to do
this
§ Working with Print Sources:
Useful tools to help understand print sources include:
– User’s guide
• contains information about how to use the source
– Table of contents
• lists the main subjects or topics in the source in the order
in which they appear, along with the page numbers where
each subject appears
• provides a quick overview of the content and organization
of the source
– Index
• an alphabetical list of topics discussed in the source and
the pages on which each topic appears
Finding a General Statement of the Law:
 The Canadian Encyclopedic Digest (CED)

42
 Chapter 10 (pages 137-149)

What’s CED:
Loose-leaf multi-volume legal encyclopedia that provides a very general
overview of most areas of law and directs you to the major cases and
relevant legislation
§ Refers you to the relevant primary sources of law
§ Updated on a regular basis
CED VOLUMES:
§ Current (4th) edition is made up of over 200 subject titles contained in
about 56 loose-leaf binders
§ Subject titles are broad topics of information or general areas of law
– Examples: animals, contracts, evidence, income tax
§ The spine of the volume sets out the volume number, and the
alphabetical range of subject titles contained in that volume
§ Each binder is given a volume number and volumes are organized
alphabetically, by subject title
Subject Titles in CED:
§ Each subject title deals with a recognized subject area or broad issue
of law
§ Each subject title is broken down into increasingly more topic-specific
areas of information using parts, sections, subsections and sub-
subsections
§ Each subject title includes:
– a detailed table of contents
• called the Table of Classification
– an index at the end of the title
– a table of cases

43
 – a table of statutes
Organization of Subject Titles in CED:

 NUMBER  NAME

 SUBJECT TITLE  7  Animals

 PART  X  Dogs

 SECTION  6  Liability for Injuries Inflicted by Dogs

 HEADING  (h)  Ontario

 SUB-HEADING  (i)  Dog Owners’ Liability

 PARAGRAPH  §431

Updating your Research

§ CED is updated regularly with supplemental pages, found at the
beginning of each subject title
§ Paragraph numbers in the supplemental pages correspond to the
paragraph numbers in the main body of the text
Example – Page 141
§ A client in Toronto has a cocker spaniel that barks constantly. One day
last month, the client’s neighbour went to her apartment to complain.
When the client opened the door, the dog rushed out to attack the
neighbour, who fell backward and broke his leg. The neighbour is now
suing the client for compensation for the injuries caused by the dog.
Can the client be held legally responsible for her dog’s actions?

44
 § To answer the client’s question, we must find a general statement of
law dealing with the issue of whether a dog owner in Ontario is
responsible for the injuries caused by his/her dog.
If You Don’t Know Subject Title:
Start with Relevant Keyword
§ Look up the word “dog” in the Index Key
§ It refers you to relevant subject titles
‒ Animals is the most relevant
§ Look up the word “Animals” in the Index Key and find the relevant
section

 The Index Key provides the following information:

 You are referred

to 3-7§431
 This tells you to
look in Volume
3, go to Title 7,
and read
paragraph 431

45
If You Do Know the Subject Title
§ Check the List of Titles (in the CED Index)
– find the relevant volume number and subject title (Animals –
Volume No. 3, Title No. 7)
– See page 143
OR
§ Refer to the spine of the CED volumes and find the volume that
contains the relevant subject title
– Refer to the Table of Classification at the beginning of the
subject title or the subject index at the end of the title
– See pages 145-147

 The Canadian Abridgment

 Chapter 13 (pages 201-215)

§ An extremely comprehensive case finding tool

§ There are many different volumes that make up the entire Abridgment

46
 § The volume that you use will depend on the reason for your research
and the type of case law you are looking for

 TO FIND  USE

 All cases (or a specific case) dealing with

a subject or legal issue
 Case Digests Volumes

 Cases that interpret a statute

 Canadian Statute
Citations

 A case citation, using all or part of the

case name
 Consolidated Table of
Cases

 The history and judicial treatment of a

case  Canadian Case Citations

§ The Case Digest volumes contain case digests (summaries of cases)

from all Canadian courts
§ Each case digest provides a brief summary of how a legal issue was
decided in a particular case
§ The case digest provides you with the name and citation of the case

47
 § Within the main and supplemental volumes, case digests are
organized by subject area and arranged according to a multi-level
classification system (key classification system)
§ Each subject title is given a name and is broken down into increasingly
more specific levels of information (topics)
§ Main topics within the subject title are identified by a roman numeral,
sub-topics by numbers and sub-sub-topics by letters
CIVIL PRACTICE AND PROCEDURE (subject title)
III. Institution of Proceedings (main topic)
2. Writ of Summons (subtopic)
d. Issuance (sub-subtopic)
The key classification number for this topic is III.2.d.
§ Each case digest has a key classification number as well as a case
digest number
§ Once you find relevant case law, you must make sure that it is current,
by updating each case to find out:
§ the case’s appeal history or case history
§ Has it been confirmed or overturned on appeal?
§ What was the highest court that reviewed the decision?
§ How the case has been treated by other judges
§ Has it been followed or not?
§ Has it been distinguished?
How to Update a Case (Using Print Sources)
§ Use the Canadian Case Citations (part of the Canadian Abridgment)
1. Look up the name of your case in the main volume
• cases are listed alphabetically by name

48
 2. Look up the name of your case in the annual supplement volume
(to update past the cut off date of the main volume)
3. Look up the name of your case in the monthly supplement
volumes, starting with the month after the cut off date of the
supplement volume
§ If the case has been mentioned in other cases, those cases are listed,
preceded by a treatment symbol
Treatment Symbols for Cases

49
 ANSWERS TO LGL250 TEST REVIEW

1. Your firm’s client wants to sue his employer and you are researching case law about wrongful
dismissal. You find a strong dissenting opinion from an Ontario Court of Appeal decision. This case
is:
a. Binding on the Superior Court of Justice
b. Persuasive law at the Superior Court of Justice
c. Persuasive law at the Court of Appeal
d. All of the above
e. b. and c.

2. The “Test Review Act” is cited as follows:

Test Review Act, RSC 1985, c T-15
a. Is this a federal or provincial statute? Federal
b. Is this statute found in an annual volume or a revised volume? Revised

3. Assume that the Paralegal Act is a provincial statute that was enacted in 1999. It is chapter number
twenty. Provide the citation of this statute.
Paralegal Act, SO 1999, c 20

4. Which part of a statute provides information about the purpose and main principles of the statute?
a. The preamble
b. The long title
c. The short title
d. The regulations
e. The body

5. Assume that the legal research act is a provincial statute that was enacted before 1990. It is chapter
number six. Provide the citation for the most recent revision of this statute.
Legal Research Act, RSO 1990, c L.6

50
6. Identify which element of a case each of the following refer to:
a. The reason why the case is before the court Purpose
b. The ‘reason for deciding’; the ‘message’ of the case Ratio
c. The legal questions the court was asked to decide Legal Issues
d. The final outcome of the entire case Disposition

7. You are looking in the CED index and see the following reference: 35-6§172. What does each of
35 – Volume Number; 6 – Title number; 172 –
these numbers refer to?
paragraph number

8. In 2009 Mr. Jones was convicted of a highway traffic offence at the Ontario Court of Justice (CJ) and
the case was reported in volume 12 of the 4 th edition of the Dominion Law Reports at page 412.
Provide the print citation for this case.
R v Jones (2009), 12 DLR (4th) 412 (Ont CJ)

9. Fred Yeomans sued Albert Smith and the case went all the way to the Supreme Court of Canada
(SCC). It was the fourth case decided by that court in 2010. The case was published in the 1 st
volume of the Supreme Court Reports (SCR.), in 2010. It can be found on pages 238 – 260. Provide
the neutral citation for this case.
Yeomans v Smith, 2010 SCC 4

10. Read the following statutory and regulatory provisions from the Residential Tenancies Act and
answer the question that follows.
Residential Tenancies Act
2. (1) In this Act,
“vital service” means hot or cold water, fuel, electricity, gas or, during the part of each
year prescribed by the regulations, heat.
21. (1) A landlord shall not at any time during a tenant’s occupancy of a rental unit and
before the day on which an order evicting the tenant is executed, withhold the reasonable
supply of any vital service, care service or food that it is the landlord’s obligation to supply
under the tenancy agreement or deliberately interfere with the reasonable supply of any
vital service, care service or food.
O. Reg. 516/06
4. (1) For the purpose of the definition of “vital service” in subsection 2 (1) of the Act,
September 1 to June 15 is prescribed as the part of the year during which heat is a vital
service.
(2) For the purposes of subsection (1), heat shall be provided so that the room
temperature at 1.5 metres above floor level and one metre from exterior walls in all
habitable space and in any area intended for normal use by tenants, including recreation
rooms and laundry rooms but excluding locker rooms and garages, is at least 20 degrees
Celsius.
Tom Tenant lives in a rental building that has a common laundry room. Tom has been doing his laundry
regularly since he moved in on May 1st and says that sometimes the temperature in the laundry room is

51
very cold, sometimes as low as 14 degrees Celsius. Does his landlord have an obligation to make sure
the laundry room is heated?

Yes. According to s. 21(1) the Landlord cannot withhold or interfere with the
supply of a vital service. Section 2(1)- Vital service means heat during the part of
the year prescribed by the regulations. 4(1) of the regulations states that heat is a
vital service from September 1 to June 15th and 4(2) states that the temperature
must be at least 20 degrees in any area intended for normal use by tenants,
including the laundry room.

11. Look at the following excerpt from the Canadian Abridgment which shows the history and
judicial treatment of a Nova Scotia Court of Appeal case called Stewart v. Royal Bank.

a. Has this decision been referred to by judges in other

cases? (judicial treatment) Yes

b. What is the highest level of court that decided this

case? (Case history) Supreme Court of Canada

c. Did the highest level of court uphold the decision of the

lower court? No, it reversed it

d. Name one case that considered the lower court’s

decision.
Laidlaw Waste Systems Ltd. v. C.U.P.E.,
Local 1045; Landymore v. Hardy

52
12. Below is a page from one of the volumes of the Canadian Abridgment that has relevant case law
about liability of an owner of a dog for injuries caused by the dog, under by-law or statute.

a. What is the subject title of this

specific research topic? Torts

b. What is the classification number

of this specific research topic?
XVI.10.a.iii.B

c. What is the name of the 2005

Ontario Court of Justice decision
that deals with this specific
research topic? R v Callero

d. What is the digest number of the

case digest for this decision?
2528

53
13. Read the Banyasz  case on p. 272 in the textbook 

Elwood Blues went into the Kwik-e-Mart, a convenience store close to his home. He walked all around
the store looking for his favourite brand of cookies. He didn’t find what he was looking for and was
about to leave the store when he found his way blocked by the clerk, a husky man named Steve Barnes.
Barnes said, “You put something into your pocket!” Elwood replied, “No, I didn’t.” “We’ll see about
that!” Barnes said. Barnes then told Elwood that he was making a citizen’s arrest, called the police, and
told Elwood that he couldn’t leave the store until the police got there. Barnes stayed in front of the door
until the police arrived, blocking the store’s only exit. When the police arrived, Barnes told the officer, “I
think this boy shoplifted something from my store and put it into his pocket.” The police officer asked
Elwood for his side of the story. Elwood said, “I didn’t take anything. See?” and emptied his pockets.
There was nothing belonging to the store in his pockets, so the police officer told Elwood he was free to
go. Elwood left. Elwood has now come to your firm because he wants to sue the store in Small Claims
Court for the way he was treated. 

 
a.    Based on the decision in Banyasz what is the ratio/legal test that the Small Claims Court would
apply in deciding Elwood’s case against Kwik-e-Mart? 

Where the defendant is unable to prove that the person arrested has committed an indictable
offence, the defendant cannot arrest on the basis of reasonable and probable grounds to
suspect the plaintiff.

Mere suspicion that an offence has been committed is not sufficient when arrest is effected by a
citizen.
 
b.    Applying the legal attest to Elwood’s situation, would he be successful in his claim against Kwik-
e-Mart? Explain your answer. 

Yes, Elwood would be successful in his claim against Kwik-e-Mart. Because Elwood had not in fact
stolen anything, he had not committed an indictable (or any) offence. Because Elwood had not
committed an indictable offence, the store clerk could not justify the arrest under the right
granted under s 494(1)(a) of the Criminal Code. Reasonable and probable grounds to believe
that he stole is not sufficient.

c.     Is the Small Claims Court bound by the Banyasz case? Explain why or why not.

Yes, Banyasz is a Divisional Court decision and is therefore binding on the Small Claims Court.
Deals with the same legal issue and similar facts.

54
 (In both cases, the person making the arrest was a citizen, not a peace office, and, although the
person detained was suspected of having committed a theft, no offence was in fact
committed. The issues in the Banyasz case are identical to ours: whether there was false
imprisonment, and in particular whether a store clerk (a citizen, not a peace officer) can arrest
a customer who he suspects has committed a crime, but who has not in fact committed a
crime.)

55