BarTalk June 2004
Volume 16, Number 3

Be letter perfect with the help of this guide

By Sarah Picciotto

While it may seem that only a stickler (or a legal research lawyer, which admittedly is often one and the same) would think that a properly cited case is really that important…it actually is that important.

A complete and accurate citation makes it possible to locate the decision and also conveys important information about the case (date, court level, and jurisdiction).

If a citation is not complete, the reader might be clueless as to whether a case was heard in B.C. or Newfoundland, or by the Supreme Court of Canada or a provincial court.

The following 10 tips answer frequent queries about proper case citation:

1. The citation needs to give the reader the level and location of the court. If the reporter series does not provide this information, e.g., B.C.L.R. gives the location, but not the court level), it must appear at the end of the citation (e.g., (C.A.)). As a further example, the reporter series C.P.C. gives neither location nor level, so both must appear at the end of the citation (e.g., B.C.C.A.).

2. The comma appears before the date where there are square brackets, e.g., Smith v. Jones, [1999] 8 W.W.R. 34 (Sask.C.A.).

3. The comma appears after the date where there are round brackets, e.g., Herbert v. Thorton (1994), 84 D.L.R. (4th) 214 (Ont.C.A.).

4. If a case is reported, you should cite the reported version. However, if you are referring to a case that is in electronic form, it is permissible to cite paragraph numbers rather than page numbers as pinpoint references.

5. It is permissible to include a copy of a case obtained from an electronic source (e.g., Quicklaw) in your book of authorities as long as you provide the citation for the reported version of the decision.

6. Quicklaw cases are cited as follows: Brigade v. Stempler [2001] B.C.J. No. 224 (Q.L.)(B.C.C.A.).

7. ECarswell cases are cited as follows: Bancroft v. Pierce, 2001 Carswell Ont 224 (C.A.)(WLeC).

8. Neutral citations are cited as follows: Ikeda v. Mitchell, 2000 BCSC 3; Hummings v. Richmond, 2001 BCCA 39. There is no punctuation other than the comma after the style of cause. A neutral citation with a paragraph reference is cited as follows: Crofton v. Stilton, 1998 BCCA 11 ’ 4.

9. If a case has been assigned a neutral citation, it should be provided to the Court, in addition to any other citation.

10. Where there is no assigned neutral citation, unreported cases are cited as follows: Ming v. Windsor (12 November 1993), Vancouver Registry, C934562 (B.C.S.C.).

Sarah Picciotto is the owner and senior research lawyer of OnPoint Legal Research [www.oplr.com], a firm that completes research projects and drafts memoranda and argument for other lawyers in both the private and public sector. She can be reached at 604.879.4280 or through spicciotto@oplr.com.

This guide is not intended to be a complete source of legal citation. For further information, consult the Canadian Guide to Uniform Legal Citation, 5th ed [Toronto:Carswell, 2002] aka the "McGill Guide"

This article was published in the June 2004 issue of BarTalk and is subject to the copyright by the British Columbia Branch of the Canadian Bar Association, 2005, all rights reserved.