1. Noting Up a Case

2. Updating Recent Cases
Recent cases must be updated (review CA / SCC website for status info).
Note up, to ensure you have the most current statement of the law.
Note up all cases (later judicial consideration).
All cases – note the history.

3. CASE LAW RESEARCH - PREAMBLE
The ultimate purpose of all case law research is to locate key decisions which provide the most recent summary of the particular area of law or legal test to be applied, from the highest level of court in the jurisdiction, which is most relevant to your client’s circumstances.

4. (Federal Statute Based Matters)
Authority
(Federal Statute Based Matters)
Federal Statutes
Criminal Code
Supreme Court of Canada
Federal Court of Appeal
Federal Court Trial Division
Federal Tribunals
Supreme Court of Canada
Provincial Courts of Appeal
Provincial Trial Courts

5. (Provincial Statute Based Matters)
Authority
(Provincial Statute Based Matters)
Supreme Court of Canada
(province where the statute originated)
Court of Appeal
Lower Courts (province where the statute originated)
Tribunal (province where the statute originated)
Court of Appeal (other provinces with similar statutory regimes)
(other provinces with similar statutory regimes)
Lower Courts and Tribunals

6. Authority (Common-Law Matters) Supreme Court of Canada
Provincial Courts of Appeal
Lower Courts
United States, United Kingdom, Australia, other commonwealth

7. Judicial Consideration
Quicklaw / Westlaw Flags
Supreme Court of Canada / Courts of Appeal
Affirm
Distinguish
Modify
Overrule
(QL)
(Westlaw)
(QL)
(QL)
(Westlaw)
Appellate courts may not overrule an SCC decision.

8. Judicial Consideration
Quicklaw / Westlaw Flags
Trial Court or Tribunal
Adopt
Distinguish
(QL)
(Westlaw)
(QL)

9. LeDuc v Roman, 308 DLR (4th) 353, 2009 CarswellOnt 843 (Sup Ct).
Analyze This!
LeDuc v Roman, 308 DLR (4th) 353, 2009 CarswellOnt 843 (Sup Ct).

10. Annette Demers, Law Librarian
Noting Up a Case
Annette Demers, Law Librarian