Noting up cases is a necessary part of legal research. It is essential to find out whether the cases you are relying on are still good law, and to ascertain how they have been interpreted in subsequent decisions.
There are two comprehensive electronic citators for Canadian case law: QuickCite on Quicklaw, and KeyCiteCanada on Westlaw Canada. Reflex on CanLII is not as comprehensive and does not assign treatment codes. However, it is a good starting point for updating recent case law.
Electronic case citators
KeyCite
While using Westlaw Canada, KeyCite is accessible from the Find menu on the home page, from the KeyCite link which appears in the left frame while viewing a case in the right frame, or by clicking on a KeyCite status flag.
Note that case history and negative citing references are separated from other citing references in the KeyCite display. They can be printed together by choosing both options from the print menu.
One major advantage of KeyCite is the ability to refine citator results with a keyword search.
QuickCite
While using Quicklaw, you can access QuickCite through the Search-General tab by clicking on the Note up a case option in the drop-down box at the top left. You can also use the Noteup with QuickCite link at the top left of the screen while viewing a case, or click on the QuickCite status icon at the top left of the case.
You can sort and refine your QuickCite results in various ways.
CanLII
CanLII offers the ability to note up cases, using its Reflex database. The Reflex Record link provides case history for cases decided from 2006. Click on the Noteup link near the top of a case to see a list of cases citing the case you are viewing. Treatment codes are not provided.
You can search within the list of citing cases using the search box at the top of the list. This permits the citator results to be refined by keywords, jurisdiction, court level and date. The highlight tool locates where the cited case is referred to when viewing the citing cases.
Comparison of KeyCite and QuickCite coverage and features
You should be familiar with the scope of coverage of any service you use for noting up cases, and be aware of the different features offered by each citator.
| KeyCite coverage | QuickCite coverage |
|---|---|
| KeyCite commenced coverage of judicial consideration of appellate unreported cases in 1987, and all superior court cases in 1992. | Originally QuickCite did not cover unreported decisions dated prior to 1993. More recently, decisions are being added that pre-date 1993. |
| For cases before 1987, KeyCite may not include cases that merely refer to the cited case. | QuickCite includes cases that merely refer to the cited case. |
| KeyCite has excellent historical coverage, starting in 1867. | Originally QuickCite's coverage did not start until 1940, except for decisions of the Supreme Court of Canada and Privy Council. More recently, decisions are being added that pre-date 1940. |
| KeyCite adds citing cases more quickly than QuickCite, but they do not have a treatment code assigned when first added. | QuickCite includes judicial consideration by courts of board and tribunal decisions released after 1994. |
| KeyCite features | QuickCite features |
| KeyCite does not include locus page references. | QuickCite shows the page or paragraph reference for the cited case, referred to as a locus page reference. |
| Cases in LawSource display a KeyCite status flag, indicating whether the case is still good law and whether it has history or has been considered. | Cases in Quicklaw display a QuickCite status symbol indicating whether the case is still good law and whether it has history or has been considered. |
| Citing cases listed in a KeyCite report also display a KeyCite status flag. | Citing cases listed in a QuickCite report also display a QuickCite status symbol. |
| Direct history usually contains a description for each case listed. | Direct history for older cases usually does not contain a description for each case listed, but direct history description is available for newer cases. |
| KeyCite is designed to quickly tell you whether a case is good law, through status flags, organising results by treatment code, and grouping case history with negative treatment. Results can also be customized in several ways including by court level, date, jurisdiction, and type of consideration. | QuickCite results first show a summary of treatments for the case. The citing cases are shown by default in reverse chronological order. They can be easily sorted and filtered in various ways, including by jurisdiction, by court, by level of court, by date, and by negative or positive treatment. |
| KeyCite allows refinement of results by conducting a keyword search within the KeyCite results. | QuickCite does not permit refinement by keyword. |
| KeyCite includes references to secondary sources that have considered the case. | QuickCite results do not include secondary source references. |
Comparison of KeyCite and QuickCite treatment codes
QuickCite has a broader range of treatment codes than KeyCite, and assigns different treatments where the cited case has been dealt with differently in separate reasons for judgment in the same case. The treatment codes assigned in various citators can be quite different for the same case. It is not always wise to rely on the treatment code in determining whether you should review the citing case.
The status flags in KeyCite should not be blindly relied on without reviewing the KeyCite results in more detail. The KeyCite status flags indicate that the case has been reversed or not followed within the same jurisdiction (red flag), the case has some negative history or treatment (yellow flag), the case has direct history (a green H), or the case has been the subject of some consideration (green C).
The treatment codes used by KeyCite and QuickCite are set out below:
| KeyCite | |
|---|---|
| Followed | Principle of law in cited case adopted or decider's reasoning applied. |
| Distinguished | Cited case inapplicable because of difference in facts or law. |
| Not followed/overruled | Cited case wrongly decided. |
| Considered | Some consideration given to cited case. |
| Referred to | Cited case is referred to. |
| QuickCite | |
| Followed | The citing case in a majority or plurality opinion applies a principle of law from the cited case. The judge expressly relies upon the cited case as a precedent on which to base a decision. |
| Followed in minority | The citing case, in an opinion other than a majority, plurality, or dissent applies a principle of law from the cited case. |
| Explained | The citing case adds to, expands upon or interprets the cited case. The cited case is not decisive but it is given some kind of consideration. |
| Dissenting | The cited case is cited in a dissenting opinion. |
| Distinguished | The cited case is held to be inapplicable because of a difference in fact or law. |
| Questioned | The citing case criticises the conclusion or reasoning of the cited case, without refusing to follow it. Alternatively, legislation in force at the time the cited case was decided has been amended to the extent that the cited case might have been decided differently under the amended legislation. |
| Not followed | The citing case overrules or refuses to apply the cited case for some reason other than it was distinguishable. |
| Mentioned | The case is cited with no explicit treatment. The citing case provides no more information about the cited case than what was available in the cited case itself. |
Canadian Case Citations
The primary Canadian print tool for noting up cases is the Canadian Case Citations portion of the Canadian Abridgment. To use this tool, look up the case in the following Canadian Case Citations volumes:
main volume
annual supplement
quarterly cumulative supplement
monthly issues of Canadian Case Citations
References
Queen's University Faculty of Law, Legal Research Materials, Case Law Research.