How do I search case law?

Using Case Law

Case law is the collection of past decisions made by judges in court. These decisions are important because they show how laws have been applied in real situations. Case law creates a legal precedent for how a law has been interpreted in a court decision (judgment). When you search past judgments (case law), you can see how judges interpreted the law in cases similar to yours.

If you are building a legal case, to start, you need to understand the laws that apply to your case. By searching past judgments (case law) you can discover:

• What to expect – Reading similar cases helps you understand possible outcomes in your case.
• Applications of law – Sometimes legislation is general; case law shows how laws have been interpreted.
• Supporting cases – You can point to past decisions that support your legal argument and back up your position.

Lawyers and judges often rely on case law to make fair and consistent decisions. If you are representing yourself, knowing the main cases related to your issue strengthens your preparation.

Legal Research

To research case law, a good place to start is CanLII (opens in a new tab) (the Canadian Legal Information Institute). CanLII is a free, online database of decisions from courts and tribunals across Canada.

To search for judgments related to your case, type in keywords, a person’s name, or a law (for example, “Small Claims debt collection” or “Family Law Act”). You can narrow your search to British Columbia courts or tribunals by using the filters provided. CanLII also lets you sort results by date or relevance.

Reading case law can be tricky, since court decisions are often in legal language. Review the provided case summaries to identify decisions relevant to your case. In addition, look at “cited by” to see how many times a specific decision was referenced in other court decisions. Cases with a high number of citations tend to be important decisions and it worthwhile to understand if they supported or opposed the decision relevant to your case.

For step-by-step help, see CANLII Tips and Tricks (opens in a new tab) for practical guides from Courthouse Libraries BC - their librarians can assist you with legal research.