Canadian Case Citations

Introduction: Noting Up Canadian Case Law

A critical step in legal research is checking how the cases you find have been judicially considered. Not only will this research tell you if the original judgment is still relevant or if it has been overturned, but the analysis of the case in later judgments will give you different perspectives on the issue. This process -called noting up- is done for two primary reasons: to check a case’s judicial history (to confirm the case has not been reversed on appeal) and to check a case’s judicial treatment (to determine whether subsequent courts have followed your particular case or otherwise commented on it).

The procedures below for noting up Canadian case law emphasize the use of print resources (the Canadian Case Citations ) available in many law libraries. Researchers should realize there is a trend towards noting up Canada case law online, using primarily either QUICKLAW or the electronic versions of the Canadian Case Citations on WestlaweCarswell.

Canadian Case Citations

This section will discuss how to note up Canadian case law using the (red) print version of the Canadian Case Citations, a component of the Canadian Abridgment. These volumes do not include all cases judicially considered. Instead, the editors selected cases that demonstrated specific points of law. Like the other tools in the Canadian Abridgment , this series consists of a hard cover set, with soft cover supplements and recent periodic updates. All of these sources should be checked to ensure that you have the most up to date information.

Case history in Canadian Case Citations

The judicial history of a case is designated by square symbols followed by a citation to the appellate decision. The history symbols used by the Canadian Case Citations are:

• Affirmed : Decision affirmed on appeal or on reconsideration; or application for judicial review refused.
• Amended : Correction of wording of decision by decision maker to conform to intended meaning.
• Additional reasons: Additional reasons for decision.
• Allowed leave to appeal: Leave to an appellate court allowed.
• Refused leave to appeal: Leave to appeal to an appellate court refused.
• Referred for further consideration or clarification: Decision referred back by an appellate court to lower level for further consideration or clarification.
• Reconsideration or rehearing granted: Application for reconsideration or rehearing of decision by same court granted.
• Reconsideration or rehearing refused: Application for reconsideration or rehearing of decision by same court refused.
• Reversed: Decision reversed on appeal or on reconsideration.
• Set aside or quashed: Decision set aside or quashed.
• Varied: Decision varied or modified by either the decision maker or an appellate court withour reversing the result.

Judicial treatment in Canadian Case Citations

The judicial treatment of a case is designated by information in a circle followed by a citation to the considering case. The treatment symbols used in the Canadian Case Citations are:

• F Followed: Principle of law in cited decision adopted.
• D Distinguished: Cited decision inapplicable because of a difference in facts or law.
• N Not Followed / Overruled: Cited decision wrongly decided.
• C Considered: Some consideration given to cited decision.

If the case was mentioned but not treated in one of these ways, the Canadian Case Citations does not capture it in its citation.

The treatment of a case is categorized according to the editorial decisions of the publishers, which have no “authority.” You should therefore always read the citing cases that treat your case to determine if the subsequent treatment affects your research conclusions.