back to the abridgement

Back to the Abridgement

I’ve got a problem…• Rented a car last weekend for my

daughter

• I signed an agreement, including listing my daughter as an additional driver

• Signed a physical damage waiver with a $1500 deductible

• She got into trouble, was caught drinking and driving and wrecked the car

• The company is now demanding the whole amount, not just the $1500…..

Our Job•What is the law?•What cases have already happened that

will help persuade our judge?

Options•Keyword search in CANLii or other

database?▫What words would you use?

•Look for case digests on the subject and then choose a case or cases based on that.▫Digests are SHORTER than case reports!▫Only significant cases are digested!▫Case digests on the same subject are

generally found TOGETHER in the Abridgement! This means if you find one, you may find

more….

Step One: Subject-based finding aids•Digest volumes themselves•Key and Research Guide•General Index

•In our example, we will use the Key and Research Guide▫Every volume of the Digest has its own

“Key”. This volume simply consolidates all the keys in one place.

Step One: Handout•What AREA OF LAW applies to my case?•What sub-topic within that area applies?•Is there a further subtopic that will be

helpful?

•Let’s put together the volume number and classification code that applies to the digests I’m looking for.

Step One• What AREA OF LAW applies to my case?

▫INSURANCE LAW• What sub-topic within that area applies?

▫AUTOMOBILE INSURANCE• Is there a further subtopic that will be helpful?

▫EXTENT OF RISK▫RENTAL VEHICLE

• Let’s put together the volume number and classification code that applies to the digests I’m looking for.▫VOLUME 57, XII.3.k

Step Two: Finding your digests•See your handout. We’ve now got the

right book and the right section.

•How many digests are there for this classification?▫XII.3.k

•Find a digest that might help for my situation.▫What number is it?

And, if we had it….•Canadian Current Law

▫Monthly update

Is your case still good law?1. Has your case been overturned?2. How have other cases after your case

treated the decision made in your case?

•We need to use the Canadian Case Citations to find the answers to these questions, especially question #2 above.

Accessing Digests by Case Name• Another way to access case digests is by case name.

• If you find a case cited somewhere or someone mentions the name of a case, you can look it up quickly in the Abridgement Digests.

• To do this, we need to use the Consolidated Table of Cases.▫Why Consolidated? Because every volume of the

digests has its own Table of Cases. These volumes simply “consolidate” all those tables.