Legal Research Basics

Introduction to Legal Research session from Learn with LiRN

An overview of how to the legal research session on LwL YouTube was created by Joan Rataic-Lang (TLA) and Jen Walker (CCLA) in 2022. They provided several handouts of this very helpful session for those new to legal research:

“So someone asks you a question…” (Learn with LiRN 2025)

We all get questions from our members and some are easier than others. This session will cover tips and tricks for planning your research, best resources for particular types of questions, what to do when there doesn’t appear to be anything out there, and how to respond to the person with your results.

Panel:  Cynthia Simpson, from Middlesex,  Lee Holstead from Durham, Brenda Lauritzen from Carleton and Ciara Ward from Northumberland.

  • Tips for planning your research
  • Best resources for answers
  • Avoiding offering legal advice
  • Archiving questions and answers

Presentation: So, someone asked you a question…

Recording Link: So, someone asked you a question…

Overview of Legal System in Canada

CanLII has an informative guide which is a good introduction to law for Self-Represented Litigants (SRL are people who represent themselves instead of using a lawyer).  It offers an overview of the courts and how they work in Canada.

Ontario Court System

Understanding the Canadian Court System

Martin Halpern, KM lawyer from Thomson Reuters, did an informative presentation for LiRN about the Canadian courts.  His talk included an overview of how the court levels work, the importance of precedential cases and noting up.  Recording of the session.  May 13, 2025

  • The Canadian Legal Landscape: Courts & the Barrister/Solicitor Role
  • Navigating the Civil, Criminal & Business Realities
  • Tools of the Trade: Research, Latin & Legal Lingo
  • Librarian POV: Lawyer Expectations for Resources
  • The Tech Frontier: Innovation & AI’s Impact

Martin recommended a great book for new lawyers that library staff may also find useful:  Introduction to the Study of Law by Stephen Waddams (8th ed, 2016,  $ 82.).   It also surveys the structure of the legal system in Canada, the sources of our laws, and the distinction between public and private law, as well as common legal terms.

Research Guides

  • Citation Guide Tutorial – Queen’s Law Library
    • Learn how to cite cases, statutes, and more using the McGill Citation Guide (9th ed.)

 

Where can I find an expert discussing the topic I need help with using the e-LiRN Suite of Resources?

Quickly get an overview of a legal issue using a variety of sources, including textbooks:  B.O.O.K – Best Organization of Knowledge – start with a book written by a legal expert to save time since they have already done the research for you and cite relevant case law, legislation, article and other source for further reading.

    • Canadian Encyclopedic Digest (the CED on WL Source products)
    •  Halsbury’s Laws of Canada (Lexis+)
    • Westlaw Source products have the key loose-leafs textbooks & CED extracts
    • Irwin Law’s Essentials in Canadian Law textbook series on vlex
    • Lexis+ Practical Guidance give a great overview of a topics including drafting notes for forms & precedents, as well as checklists & toolkits.
    • Consult the wiki page on searching e-LiRN for commentary.

What are Primary Sources and Secondary Sources?

Cases & Legislation (Statutes, Regulations and Rules) are considered “primary sources”.  Textbooks, etc. are Secondary Sources also known as commentary.  To learn more, click on the links to see each page for further information.

How do I find Case Law and Legislation?

o Find a document using its name or citation (ex. Swanson, 2004 CarswellOnt 5382
or Family Law Act, s. 20(1).
• CanLII, Lexis+, Westlaw Sources, vlex all have extensive Canadian case law and legislation
• They have Find options so that you can type in your case name or statute into a search box
• Click on their HELP option – often a ? in the upper right corner for assistance

How do I make sure my cases or legislation are “good law”? How do I Note-up a case or law?

Noting up a case refers to searching the history of your case to see if it was reversed on appeal or if other cases distinguished it or overruled it. How do other judges consider the facts of your case in making their decision in their case.

Noting up legislative means searching for cases which apply or interpret the Act or a section the Act.

Other terms include “case annotations”, “legislation judicially considered”, or “statutes judicially considered”. Sometimes lawyers ask “if the law is still good”.

  • Lexis+ uses QuickCite to show the judicial consideration of case/statute.
  • Westlaw uses KeyCite. There can be some differences in treatments depending upon the coverage of each resource which vary by date and jurisdiction.
  • CanLII:  You can also Note-up using by entering the case name in the Note-Up/Discussion search box.

What is a citation?

Case citation serves two functions: first,  citation allows the reader to find the decision, journal, statute, rule.  Citation provides a road map that directs the reader to where to locate the law.

Queen U’s  Guide to legal citation & Citation of law reports in the Ontario Court of Appeal are both good sources of information of citation styles and guide as well as how to cite.

In Canada, the most prominent citation format is the McGill Guide.

The Supreme Court of Canada uses neutral citation.

List of Abbreviations for Canadian Law Reports and Judgements

 

Law Libraries and Legal Research Course

If you would like to take a course about how to conduct legal research, please check the Professional Development topic on the wiki for further information courses about Law Libraries and Legal Research.

Any tips for Legal Research?