Domain
Domain
Case Law Masterclasses
Finding and Using Case Law: Research Methods That Actually Work
21/06/2025

Finding and Using Case Law: Research Methods That Actually Work

Beginner to intermediate — law students, paralegals, junior lawyers
5 weeks, one 90-minute session per week 15 places remaining

About the program

The problem with most legal research training is that it teaches tools, not thinking. You learn how to run a search in CanLII or Westlaw. You do not learn how to decide whether the results you found are actually relevant, still binding, or being read accurately.

Search strategy before the database

The first part of the course focuses on building a research question precisely. Vague questions produce overwhelming results. The work of narrowing a legal issue into a searchable form is itself a skill, and it is rarely taught explicitly. We work through examples drawn from employment law, administrative law, and civil litigation.

Participants will practice on CanLII and Westlaw Canada, running parallel searches and comparing what each database surfaces. We cover citator tools, treatment history, and how to spot when a case has been implicitly overruled without a formal reversal.

Knowing when to stop researching

Experienced practitioners develop a sense for when a research question is settled versus genuinely open. This course tries to make that judgment explicit. You will look at areas of law where the cases are consistent, areas where the courts are split, and areas where the leading case is old enough that its application to current facts is genuinely uncertain.

There is a short research assignment at the end of each week. Total workload outside sessions is roughly three hours per week.

Program outline

  1. Week 1: Framing the Legal Question

    Issue spotting, translating facts into legal categories, defining scope before opening a database.

  2. Week 2: CanLII and Westlaw Canada in Depth

    Search syntax, filtering by jurisdiction and court level, using secondary sources to orient primary research.

  3. Week 3: Evaluating Case Currency

    Treatment history, citator tools, reading subsequent cases to assess how a precedent has aged.

  4. Week 4: Research Assignment Review

    Group review of Week 3 assignment results; discussion of different approaches to the same problem.

  5. Week 5: Recognizing Settled vs. Unsettled Law

    Reading the shape of a line of cases, identifying genuine legal uncertainty, communicating research conclusions clearly.