Conducting complicated legal research


Assignment Problem:

Complete the exercise. You will be looking at many cases throughout this course, so it is important to understand how to find them through CanLII. Think about the employee and the employer that are actually involved. How you think the decision impacted each of them? Do you think the employer changed their practices because of the judge's decision?

EXERCISE:

Throughout this text, we will examine a lot of case law decided by courts and expert administrative tribunals. In the past, accessing case law was difficult and mostly the domain of lawyers. It required visiting a law library and conducting complicated legal research using dense legal reporting books and complex legal research skills honed in law school and years of legal practice.

Today, lawyers and non-lawyers alike can access legal decisions on their computers. While the most thorough legal databases require payment of expensive fees, increasingly legal decisions are being posted on free Internet databases. The Canadian Legal Information Institute (CanLII) is a prime example. It is produced by the various Canadian law societies with the goal of making 'Canadian Law accessible for free on the Internet.

This text includes a number of exercises that encourage readers to conduct their own legal research tiling Until To give you a sense of how Cant II works. Try the following exercise.

1. Go to the CanLII home page

2 In the search window, type the phrase 'wrongful dismissal' in quotation marks. That search should give you over 7.000 legal decisions.

3. Find one decision that sounds interesting to you from the brief description that appears in the search results. Select the link to the decision. Answer the following questions:

i) What is the name of the case?

ii) What year was the ease decided'

iii) In what province did the case originate!

iv) Was the case decided by a court or an expert administrative tribunal,

v) If it was a cowl, which court? If it was a tribunal, which tribunal?

I. Read the case. Can you determine what the dispute was about, and which party won the case?

If this is your first time reading a legal decision. it may be difficult (or you to tallow what is happening. Do not teat because that is normal. Reading the law takes a bit of practice because the law uses specialized language. We will decipher this language throughout the text.

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