Researching Case Law

The law has two main parts:

1. Legislation: This is the part of the law that most people know. It includes the rules and laws made by elected officials.

2. Case Law: This part includes the decisions judges make in court cases. These decisions help set rules for future cases.

Why it’s important to research case law

Steps to Researching Case Law

Understand your Legal Issue

Before you start looking at cases, you need to understand the main legal issue in your case. This helps you know what to look for when researching.

Make a note of the protected characteristics and areas related to your case. Write down the details of your complaint, along with your timeline of events. Keep these notes safe because they might be useful during your case.

Find Reliable Sources

Finding trustworthy sources can be hard these days because of misinformation. It’s important to have accurate information for court cases and tribunals.

Here are some tips for finding reliable and up-to-date resources. Lawyers and law firms often use these suggestions when getting ready for their cases.

Start your search

When searching for relevant case law, keep these things in mind:

1. Jurisdiction—Make sure you select the right jurisdiction when using search tools.

2. Keywords—Use the notes you made earlier to find keywords for your search. Keep these keywords separate and add to them as you research.

3. Use Operators—Operators help you get better search results. They are special words or symbols that narrow down your search. For more info on how CanLii uses operators, click here.

4. Check Filters—Always check your search filters to make sure the dates and jurisdictions are correct. You don’t want old or irrelevant cases.

Tip: Start with a lot of relevant operators and keywords. Write them down and try different combinations until you find what works best. Take your time with this process.

Review the Cases closely

When reading case law, follow these steps:

1. Read Carefully—Pay close attention to the case summaries and decisions. Understand what the case is about by looking at the facts.

2. Take Notes—Write down the Facts, Issues, Decisions, and Reasoning from the case. Focus on facts similar to yours, as these cases will be more useful.

Tip: If you have a printed copy, use four different colored highlighters. Highlight facts, issues, decisions, and reasoning in different colors to keep them organized. Use symbols, flags, or stickers to mark facts similar to your situation.

Cite your case

Be sure to keep track of where you found each case. Note down the details of the case along with your notes. This will help you find the information again if needed and will be useful when presenting your case.