Research Tip: American Case Law

American case law is sometimes quite difficult to track down, as most of the time our basic Canadian database subscriptions do not cover other jurisdictions. (That’s why we added British case law database JustisOne to our subscriptions; check out our introductory post if you haven’t had the chance yet!)

So where can we find free access to American Case Law?

1. Google Scholar is always the first place we look. With a clean interface and a large collection of cases from state and federal courts, it’s a fantastic place to start. From the main search screen, select “Case Law” (or articles/patents if you are looking for those), and enter your search terms. Your results page should look quite familiar to you; you can click through to open a case. Note that you can also click on the “How Cited” link at the top to see any articles or cases that refer to it. Often times even if Google Scholar does not have the case you are looking for, it will still contain a reference to the case as well as alternative citations that you can try elsewhere.

googlescholar

2. Findlaw houses a lot of case law as well, as well as commentary and links to the state and district courts. To search for case law, you can enter a party’s name in the “Search for a Case” box, or alternatively, click on “Advanced Search” to enter in any other information you know. (This is where docket numbers can come in handy!) Results will bring you to a summary page, where you can click on the “Read” button to be linked to the full decision, although sometimes this will be behind a paywall.

3. Justia also offers free access to online American case law, as it brings together decisions from the Federal Courts and many of the district courts websites as well. You can search using the bar at the top right, or browse through the different courts below.

4. Casetext is the CanLIIConnects of the United States, as it features case law and added commentary by members of the legal community.

5. If you happen to know at what court the decision was made, you can often head directly to the State or District Court website to browse a database of their own decisions. Often times these are also included in the databases mentioned above.

6. Let us know! We have access to other libraries and their collections as well, so if we can help track down the case(s) you’re looking for, send us an email!

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Bruce v Giroux (2015 ONSC 5698)
father – access – time – parenting – brother
Justice P. Kane

Kahsai v Hagos (2015 ONSC 5756)
costs – spousal medium – motion – offer to settle – spent
Justice M. Shelston

Deslauriers c. Pommainville (2015 ONCS 5869)
convention d arbitrage — médiation — chap — procéder à l arbitrage — surseoir
Juge A. Doyle

Holowach v Jeffrey (2015 ONSC 5813)
school — father — child’s needs — will — program
Justice T. Minnema

Civil Matters

1860035 Ontario Ltd v Velika Realty Inc. (2015 ONSC 5630)
contempt – Motion – landlord – mold – stucco
Justice P. Kane

Murray v Errett (2015 ONSC 5691)
undischarged bankrupt – business – security for costs – motion – murky
Master C. MacLeod

Cole v Minister of Public Safety and Emergency Preparedness (2015 ONSC 5728)
motion – dismiss year delay for implementation – sub-rule – deemed to be abandoned – unopposed
Justice S. Corthorn

Osteria Da Luca Inc. v 1850546 Ontario Inc. (2015 ONSC 5606)
lease – holding – meeting – email – rent
Justice P. Kane

Central Station Security v Avenue Security Centre, et al. (2015 ONSC 5731)
enforcement of the arbitration – affidavit – sub-rule – application – dissolution
Justice S. Corthorn

Raji v Downtown Legal Services (2015 ONSC 5770)
gang – sub-rule – requisition – criminals – proceedings
Justice R. Beaudoin

Sproule v Tony Graham Motors Group (2015 ONSC 5794)
summary judgment motion – concessions – partial indemnity – actual Incurred costs – scale
Master C. MacLeod

Justice v Massey (2015 ONSC 5792)
construction costs – agreement – cost – unit – purchase
Master C. MacLeod

JustisOne: New British Case Law Subscription

One of the most frequent services we provide here in the library is the locating of old case law, quite often old British cases that are not available on the basic Lexis or Carswell subscriptions. We have been keeping our eye out for an affordable solution to having to trudge through and scan the old British case reporters, and after demoing JustisOne for the past month we are pleased to announce it as a new subscription available for use here at the CCLA library!

JustisOne

With JustisOne we now have electronic in-library access to a wealth of British case law and legislation, including noted up links to Canadian case law as well.

Beyond the access to British materials, JustisOne also re-envisions the case law search, eliminating boolean searching in favour of a category searching system that gives more applicable and refined search results. Some of my other favourite features include the Precedent Maps, which visualize how the case law has been treated, and the Key Paragraphs, which eliminates the guesswork of noting up by directly linking to the paragraphs that have been quoted in subsequent decisions.

JustisOne-s

We’ve greatly enjoyed playing around with this new software, and we are excited that it is now available for library users as well! If you need access to British materials you can feel free to come and try it out yourself, or as always you can get in touch with us and we will be happy to send them to you.

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

McNaught v McNaught (2015 ONSC 5010)
matrimonial home — offer to settle — costs — appraisal — disclosure
Justice M. Shelston

Rothschild v Sardelis (2015 ONSC 5572)
income — spousal support — retirement — pension — unreduced
Justice J. Mackinnon

Novick v Faille (2014 ONSC 4940)
spousal support — child support — costs — argues — motion
Justice S. Kershman

Toscano v Toscano (2015 ONSC 5499)
spousal support — offer — validity of the marriage contract — successful — costs
Justice J. Blishen

Guertin v Guertin (2015 ONSC 5498)
offer to settle — net proceeds — disbursements — partial indemnity costs — spousal support
Justice J. Blishen

Children’s Aid Society of Ottawa v A.S. (2015 ONSC 5497)
maternal grandparents — child — paternal — methadone — cocaine
Justice A. Doyle

Civil Matters

Dumais v Hobbs (2015 ONSC 5643)
cross examination — privilege — parol evidence rule — answered — questions
Master C. MacLeod

Southern Oregon University v Peterson et al (2015 ONSC 5505)
security for costs — amount — undertaking — fees — will
Master P. Roger

Williams Estate v Carleton Condominium Corporation No. 66 (2015 ONSC 5479)
water infiltration — amendments — condominium — problems — ongoing
Justice R. Maranger

Court of Appeal Decisions of Local Interest

2249740 Ontario Inc. v. Morguard Elgin Ltd. (2015 ONCA 605)
lease — anchor tenant — motion — bad faith — oral agreement
Justices K. Feldman, J. Simmons, and B. Miller

R. v. Humoud (2015 ONCA 600)
hair — seller — passenger seat on the driver — description — exited
Justices J. Laskin, W. Hourigan, and G. Pardu

R. v. MacIsaac (2015 ONCA 587)
puck — collision — speculative reasoning — ice — hit
Justices J. Laskin, P. Lauwers and W. Hourigan

From Excelling at Articles 2015: 20 Legal Research Sites in 20 Minutes

On Friday, August 28, I was happy to present at the OBA’s 2015 Excelling at Articles and the LLP seminar here in Ottawa. This is the third time that either Brenda or I have been asked to present, and we love using this opportunity to give a run down of 20 great sites for articling and LPP students to keep in mind (or even better, keep bookmarked on their toolbar) for when they’re carrying out research.

To take a look at the presentation from this year, follow this link: 2015-Excelling-at-Articles

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

La Société de l’aide à l’enfance d’Ottawa c. (R.B.) (2015 ONCS 5144)
père — mère — visites — évaluation des capacités parentales — soins
Juge R. Beaudoin

Ascani v Robert (2015 ONSC 4585)
father — child — parent — daycare — school
Justice A. Doyle

Fifield v Cochrane (2015 ONSC 5363)
best interests of the children — daycare — parent — status quo — custodial
Justice K. Phillips

Civil Matters

Steen v Gibsons LLP (2015 ONSC 4933)
estate — brothers — executor — firm — testator
Justice C. Hackland

Fernandes v Carleton University and BCE Inc. (2015 ONSC 5319)
proceeding — discretion — indemnity costs in the amount — unnecessarily — litigants
Justice P. Smith

Tofcon Construction Inc. v Canada (Attorney General) (2015 ONSC 5308)
project — particulars — without leave to amend — motion — contract
Justice B. Warkentin

Criminal Matters

R. v Humaid (2015 ONSC 5345)
jury — screening — parole ineligibility period — faint hope clause — murder
Justice D. Rutherford

Divisional Court Decisions from Ottawa Judges

Arsenault v Thevathurai (2015 ONSC 5357)
application for an eviction — motion to quash — landlord — tenant — transcript
Justice S. Corthorn

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Dion v Glasgow (2015 ONSC 5024)
motion — settlement conference — investigator — miscommunication — fulsome
Justice J. Mackinnon

Civil Matters

Ballingall v Carleton Condominium Corporation No. 111 (2015 ONSC 4129)
grandfathering provision — offer — rule — single family residence — owners
Justice C. Aitken

Geographic Resources Integrated Data Solutions Ltd. v Peterson (2015 ONSC 4658)
punitive damages — fiduciary duty — litigation — privilege — actionable wrong
Justice R. Beaudoin

Campbell Pools Inc. v The Seville Group Inc. (2015 ONSC 4683)
proprietary estoppel — motion — costs — undertakings — appraisals
Justice R. Beaudoin

Criminal Matters

R. v Hildabrandt (2015 ONSC 4968)
fear — counts of breach of undertaking — count of criminal harassment — wrote in the communication book — mens rea
Regional Senior Justice J. McNamara

From Your Library: New Release – “Researching Quebec Law: Insights for Common Law Practitioners”

When we saw this new book available through Carswell, we immediately put in an order for a copy for the library. We don’t tend to get a lot of questions having to do with Quebec, so if you’re like us and a bit lost when it comes to the law of la belle province, this book might give you some much needed clarity. Written for non-French speaking, common law legal professionals, the book provides a history of the Quebec legal system, information on how to research Quebec legislation, case law, and commentary sources, and a very thorough glossary of terms.

This book is so new to the library that we don’t even have it on the shelves yet. If you would like to review it right away, please ask at the front desk. In the coming weeks, you’ll be able to find this book in our Reference section at KF 240 M37 2015.

 

Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

MacPhee v Thistle (2015 ONSC 4803)
child — daycare — program — status quo — allegations
Justice M. Shelston

Desjardins v Gillin (2015 ONSC 4883)
minutes of settlement — arbitrator — draft — refinement — terms
Justice S. Corthorn

Civil Matters

El-Khodr v Lackie (2015 ONSC 4766)
prejudgment interest — assignment — pre-judgment interest — loss — non-pecuniary damages
Justice G. Toscano Roccamo

Plummer v Plummer (2015 ONSC 4857)
personal care — power of attorney — incapable of managing — capacity assessor — attorney for property
Justice S. Corthorn

417 Infiniti Nissan Ltd v Nissan Canada Inc (2015 ONSC 4667)
second supplemental expert report — data — maps — charts — census tracts
Justice R. Smith

Ryken v Martinez (2015 ONSC 4862)
pleading — fresh as amended — motion — defence — struck
Justice S. Corthorn

Obiorah v The Ottawa Police Services Board (2015 ONSC 4643)
branch of the test — leave — motion — conflicting — persuaded
Justice T. Ray

Richcraft Homes Ltd. v Urbandale Corporation (2015 ONSC 4725)
lots — agreement — partnership — acres — residential
Justice T. Ray

Parker v Dirar and Mahmoud (2015 ONSC 4723)
insurer — motion — duty to defend — coverage — policies
Justice D. Rutherford

Criminal Matters

Sa Majesté la Reine c. Corey Burroughs (2015 ONCS 4693)
fourgonnette — accusé — armed robbery — surveillance footage — détective
Juge M. Charbonneau

Court of Appeal Decisions of Local Interest

R. v. Salinas (2015 ONCA 546)
convictions — unbalanced — evidence — obstruct — sentence
Justices D. Doherty, E. Gillese, and D. Brown

From Your Library: Westlaw FamilySource

As part of our subscription to WestlawNext, we also have the FamilySource product. This add-on makes up a separate area within Westlaw where materials specifically of interest to family law practitioners are kept, easy to find and use in your research.

When you access WestlawNext from the library computers, the portal to FamilySource is on the right hand side (see below). Clicking on the words “FamilySource” will take you to main page, which includes links to online versions of several popular looseleaf titles (that you can search, print out, or email from). This is also where you can find the Epstein “This Week in Family Law” newsletter, and you can even start a case law search within just family law cases.

FamilySource

As with all of our electronic products, there is no end cost to you when you use this product in the CCLA Library. The CCLA Library staff have been finding FamilySource to be quite useful when researching, so we encourage you to take a look the next time you’re using Westlaw at our library.