westlawnext canada - litigator quick reference...

WestlawNext® CANADA Quick Reference Guide

WestlawNext CANADA

Litigator Contents

Accessing WestlawNext Canada and Litigator .......................................................................................................... 2

Navigating the Litigator Start Page ............................................................................................................................ 2

Searching .................................................................................................................................................................. 4

Search Result ............................................................................................................................................................ 4

Narrowing your Search Results List .......................................................................................................................... 5

Applying Filters ...................................................................................................................................................... 5

How to use the annotated checklists in Litigator ........................................................................................................ 6

What authorities are available in Litigator? ................................................................................................................ 6

How to determine if a case has related court documents available ........................................................................... 7

What currency tools are available in Litigator? .......................................................................................................... 7

How to find appeal court fact and briefs in Litigator ................................................................................................... 7

How to find court motions, facta and briefs ................................................................................................................ 8

How to find a legal memoranda on a specific issue in Litigator ................................................................................. 8

How to find similar rules in other jurisdictions in Litigator .......................................................................................... 9

How to find the scope of the court document collections in Litigator ......................................................................... 9

How do I find out what my client’s claim is worth? ..................................................................................................... 9

Quantum Services Results List ............................................................................................................................. 9

How do I find the right expert witness for my case? ................................................................................................ 11

How do I find a lawyer, mediator or arbitrator for my case? .................................................................................... 11

Research History ..................................................................................................................................................... 11

Adding Notes ........................................................................................................................................................... 11

Folders ..................................................................................................................................................................... 12 Saving to a Folder ............................................................................................................................................... 12

Changing and Creating New Folders .................................................................................................................. 12

Delivering Results .................................................................................................................................................... 13

Using the Delivery Queue ................................................................................................................................... 13

Document Page Overview ....................................................................................................................................... 14

Document Icons ....................................................................................................................................................... 14

Where can I find Help? ............................................................................................................................................ 15

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Accessing WestlawNext Canada and Litigator

To access WestlawNext Canada, go to: https://nextcanada.westlaw.com. Enter your OnePass username and password into the fields provided and then select Sign In. Enter a new client ID into the field or select an existing one from the list and select Continue.

To access Litigator, select the Litigator link located in the My Subscriptions section of the Home page.

Litigator

Figure 1: WestlawNext Canada Home page

Navigating the Litigator Start Page (see Figure 2 below)

Search: Search, KeyCite or Find any content from one search box or retrieve recent searches to run them again. Select Advanced Search to search using a template with pre-defined fields customized to the content type.

Kim Orr Class Action Monitor: Insightful analysis of the latest class actions, as well as case updates, news and special-focus articles.

Practice Advisors: Use the Current awareness tools to access timely updates on case developments and legislation. Determine what your client’s claim is worth by searching a quantum service.

Court Documents: Retrieve pleadings, motion and facta documents as prepared and filed in court by Canadian lawyers. Determine what your client’s claim is worth by searching a quantum service.

https://nextcanada.westlaw.com/


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Commentary: Access thousands of professionally drafted legal memoranda covering a broad range of legal issues. Retrieve Rule annotations and practice commentary from Carswell’s expert authors. Authoritative commentary on witness, evidence and advocacy topics. Never miss a step, with thorough annotated litigation checklists.

Figure 2: Litigator Start page

Tools and Resources: Retrieve useful profiles on expert witnesses, lawyers and mediator/arbitrators. Rules of Civil Procedure Concordance lets you compare similar legislation in other jurisdictions as an aid to interpretation and understanding.


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Searching

1. Use the search box to simultaneously search all Litigator content at one time. Alternatively, search specificcontent by a) using the checkboxes provided or b) selecting a specific content link from the start page (e.g.Annual Review of Civil Litigation).

2. Enter your search terms into the search box. Note: If your search does not contain any recognized Booleanconnectors (e.g. /p, /s, %, +20), the search runs a plain language search.

Figure 3: Search box

3. Select Search.

Note: If you ran a plain language search but intended it to be run as a Boolean query, a prompt would appear at the top of the results list inviting you to re-run the search as a Terms & Connectors search. You can change your search default in your preferences to always run a Boolean Terms & Connectors search. Select Preferences at the bottom of any page and then select the Search tab to access this option.

Select Advanced to retrieve a template with pre-defined fields customized to the content types.

Search Result

After running your search, an overview of the search result is displayed. Select a content category from the View section to display the result list for that category. If, however, you selected a specific content to search, such as Annual Review of Civil Litigation the result list for that content type appears.

By default, documents are ranked by relevance. To change the default ranking, choose an option from the Sort by drop-down list located on the document toolbar. Note that you can re-sort this list after applying filter options.


Customized filters

Content categories

Sort by drop-down list

Figure 4: Results List page

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Narrowing your Search Results List

You can narrow your results by selecting a content category from the View section on the left side. Example: Pleadings, Motions and Facta/Briefs. Once you’ve selected a category, additional customized filters appear in the Narrow section located below the content categories.

Applying Filters To enable multiple filters to be applied at the same time, select Select Multiple Filters, if necessary.

Figure 5: Selecting Multiple Filters

Select the filters you want and then select Apply Filters.

To apply one filter at a time, select Cancel, if necessary, and then choose the filter you wish to apply. The result list automatically updates to display only those results that match your filter option.

Select Undo Filter to return to the full result list.


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How to use the annotated checklists in Litigator

We offer civil litigation checklists as part of the All Witnesses, Evidence and Advocacy Commentary module. The checklist takes you through the step by step process of bringing a motion as well as providing you with tips and authorities.

1. Select a checklist to retrieve its Table of Contents.2. Select the Full Document link at the top of the page to retrieve the full document, or select a specific

segment only by selecting one of the other links.

3. Once on the landing page, select Click here for checklist and then Open.4. Select Enable Editing at the top of the page.

Every checklist is in a fillable Word format. You can edit the checklist, add status/notes, print them and savethem to your client file…and use and reuse them as you see fit.

Note: There are reference links in the right column. Special instructions give you more detailed information about that step in the checklist. Select the link at the top of the instruction to return to that section of the checklist.

What authorities are available in Litigator?

Litigator features as part of every subscription, annotated rules for most jurisdictions in Canada and the Annual Review of Civil Litigation. Additional modules that focus on different aspects of Litigation, for example the All Witnesses, Evidence and Advocacy Commentary may also be added onto your subscription and includes specific chapters from authorities such as Olah’s Art and Science of Advocacy, Penner and Underwood’s Electronic Evidence in Canada and Mewett & Sankoff’s Witnesses.

To search across all commentary:

1. Select the checkbox next to the Text and Annotations heading.2. Enter your search terms into the search box at the top of the page.

TIP: If you do not see checkboxes on this page, select the Specify content to search radio button hasbeen selected. Use the various filters in the Narrow section on the results list to refine your list.

The Overview page appears on your results list. To see all of your results, select the Texts andAnnotations link in the View section. Use the customized filters to further narrow your results, if you wish.For example, you can restrict the list to a specific publication. To do this, expand Litigator in theSource/Title option and then select the specific publication you are interested in.

If you wish to restrict your search to a specific publication at the start, select the publication from theLitigator start page and then enter your terms into the search box on the subsequent page.

Alternatively, you can browse any title by selecting the heading links for the individual publications and thenselect through to retrieve the full text.


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How to determine if a case has related court documents available

A three-coloured Court Documents Available icon appears next to the left of the case name if a case has related court documents. This icon accompanies the case throughout the service – whether it’s on the results list, in the full text decision, in folders or in your research history.

Select the icon to retrieve the list of court documents for that decision.

Additionally, cases that have court documents will also have a Court Docs tab located at the top of the page. Select this tab to retrieve the list of all related court documents and then select a document link to retrieve the full text. What currency tools are available in Litigator?

Litigator offers two currency tools:

• The Kim Orr Class Action Monitor, published bi-weekly, caters specifically to class actions as they arehappening as well as provides a retrospective element. Included are news items and commentary by theauthorities at Kim Orr LLP.

• For Litigators in general, we have the Practice Advisors which provide both the case updates as well aslegislative activities pertaining to the court rules for the listed jurisdictions. These documents may be printedso that you can carry them with you to court to make sure you have the most up-to-date version with you.

o Legislative describes the most recent amendments.

o Cumulative takes those amendments and incorporates them into the rules, and

o Digests provide the latest case digests.

How to find appeal court fact and briefs in Litigator

1. Select the Facta/Briefs – Appeals link located in the Court Documents section.

2. To search all subjects, enter your search terms into the search box at the top of the page and selectSearch or choose the subject areas you want to focus your search on by using the checkboxes providedprior to running your search.

TIP: If you do not see checkboxes on this page, select the Specify content to search radio button hasbeen selected. Use the various filters in the Narrow section on the results list to refine your list.

Alternatively, after selecting the Facta/Briefs – Appeals link, select the Advanced link to retrieve acustomized search template. Enter your search terms into the fields provided along with any otherinformation you may have. You can also narrow your search to a specific topic. Select Search to run yoursearch. You can further narrow your results by using the filters provided in the Narrow section on the leftside.


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3. To retrieve the full text of a document, select its title.

From here, you can link to the original document as filed with the court and to the full text of the underlyingdecision. Select the Pleading Document Collection link to see the filings that relate to that factum.

How to find court motions, facta and briefs

From the Litigator start page:

1. Select the Facta/Briefs – Motions/Applications link located in the Court Documents section.

2. To search all subjects, enter your search terms into the search box at the top of the page and select Searchor choose the subject areas you want to focus your search on by using the checkboxes provided prior torunning your search.

TIP: If you do not see checkboxes on this page, select the Specify content to search radio button. Use thevarious filters in the Narrow section on the results list to refine your list. You can also narrow your list to aspecific rule number.

3. To retrieve the full text of a document, select its title.

From here, you can link to the original document as filed with the court, related rules and to the full text ofthe underlying decision to see how the factum ultimately fared. Select the Motion Document Collectionlink to see the filings that relate to that factum.

How to find a legal memoranda on a specific issue in Litigator

Legal memoranda is a separate module that you can add-on to your Litigator subscription. It’s available on the Litigator start page as well as in some other WestlawNext Canada subscriptions.

1. Select the Legal Memoranda link to display the various topics along with the number of legal memosavailable for each topic.

2. To browse legal memos, select the topic link to see how the memos are distributed within the next level ofcategories.

3. Continue to select through the links to narrow down your topic or enter a query using the search box at thetop of the screen.

4. On the results list page, use the options in the Narrow section to filter your results. When ready select adocument link to retrieve the memo summary.

The summary page provides everything from the legal issue to the fact scenario to the authorities; everything except for the body of the memo itself. If the summary is on point, select the View Memorandum of Law link at the top of the page to retrieve the full memo. Each memo is updated or validated once every three years so that it’s relatively current. Additionally, you can use the classification links at the top of the memo to link to other related memos.


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How to find similar rules in other jurisdictions in Litigator

1. Scroll down the Litigator start page and select the Rules of Civil Procedure Concordance link.

2. Continue to select through the links to retrieve the concordance for the topic you want. The rules aregrouped together based on topic and then sub-topic.

3. Select the link for the rule you wish to see.

Alternatively, if your starting point is the rule itself, use the links located in the Related Materials section to retrieve the concordance and then from here select the link for the rule you want.

How to find the scope of the court document collections in Litigator

1. Select the What’s In Litigator link located in the About section of the start page.

2. Select the Court Documents link.

The list and scope information of the twelve case law resources on which the collections are based appear.

How do I find out what my client’s claim is worth?

1. Select a quantum service from the Court Documents section of the home page.

2. Enter your search criteria and/or select an option(s) from the selection boxes, drop-down list or searchfields.

3. Select Create Report.

Note: Each quantum service is a unique award-focused resource that can quickly tell you what a claim is worth based on historical case law results. The quantum reports will display Canadian case law where damages were awarded, ranked by amount from highest to lowest.

TIPS: It is best to search on the main issue only; the one you want all of your documents to contain, and then use the filters in the Narrow section of the results list to refine your results.

To research judges and opposing counsel to see how a particular judge has ruled or how the opposing counsel has fared in court cases similar to yours, enter the judges or opposing counsel’s last name into the applicable fields.

Quantum Services Results List The Summary Table (see Figure 6 below) located at the top of the right frame, displays the penalty range for the main award and wherever it is broken out in the quantum award by type. It shows the calculated average and median. Place your mouse over the smallest or largest award amount to see the name of the case for that amount.

The Award Over Time Graph (see Figure 6 below) is a chart that shows graphically where all the decisions lie within that range, graphed by the award amount and time. Place your mouse over an orange dot on the chart to see the name of the case or cases that fall within that specific range. Link directly to the digest from the pop-up box. A trend line shows the moving average for your result list. Zoom in on any part of chart by clicking and dragging your mouse


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over the section you want to see more clearly. Select Reset Zoom to return to the full chart. You can print, email or download the full results list, with the option to include or exclude the summary table and chart.

Below the graphic chart are the digests sorted by award, highest to lowest. To adjust the sort order of the digests and focus on other aspects of the result list – such as cases with aggravated damages, use the sort by drop-down list located above the table.

Figure 6: Sample Quantum Services Results List


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How do I find the right expert witness for my case?

The expert witness directories provide access to a collection of Canadian and US expert witnesses’ profiles searchable by area of expertise.

1. Select the expert witness link located in the Tools and Resources section of the home page that is applicable to the search you wish to conduct. (i.e. Canadian Expert Witness Directory or Canada/US Expert Witness Directory)

2. Begin by limiting your search to the area of expertise.

3. Select Search.

How do I find a lawyer, mediator or arbitrator for my case?

1. Select the applicable link located in the Tools and Resources section of the home page that applicable tothe search you wish to conduct. (i.e. Lawyer Directory or Mediator and Arbitrator Directory)

2. Begin by limiting your search to the area of expertise.

3. Select Search.

Research History

To return to previous work, select History located in the upper right corner of any page. A list of the five most recent documents you have viewed and searches you have run is displayed. Select a link to return to a document or search. You can also select View all next to Recent Documents or Recent Searches to display the History page for a list of all the documents you have viewed and searches you have run.

You can search the full text of any document or use filters to find specific documents or searches within History.

Notes: Although history is saved for up to one year, you can display it for a specific time period by choosing an option from the Date drop-down list.

You can also access your most recent searches by selecting the Last 20 searches/Recent Searches icon located next to the search box.

Adding Notes

• To add a general note to the top of the document: Select the Annotations icon ( ) on the documenttoolbar and choose Add Note. The Notes box is displayed at the top of the document. Type a note into thetext box and select Save.

• To add a note to the right of selected text: Select the text where you want to insert the note and choose Adda Note from the pop-up menu. Enter a note into the text box and select Save.


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Folders

WestlawNext Canada helps you organize and manage your research by storing your documents and text snippets into folders. Case law and legislation documents that are added to folders will always reflect the current state of the law. Folders and any linked documents remain indefinitely and documents can be re-accessed from folders without additional fees for up to one year.

Saving to a Folder To save the document you are viewing into a folder, select the Save to Folder icon ( ) on the document toolbar. Select the folder in which you want to save the document and select Save.

To save documents from a result list, select the checkboxes next to the documents you want to save and select the Save to Folder icon. Select the folder where you want to save the documents and select Save.

To save selected text (snippets) into your current folder, highlight the text you want to save and choose Save to… from the pop-up menu.

To view documents and snippets you have saved into your current folder, select your current folder. To view documents/snippets saved into another folder, select Folders at the top of any page and then select the name of the folder containing the documents.

Changing and Creating New Folders To create a new folder, do one of the following:

• Select Folders at the top of any page. The Folders page is displayed. Select New. The New Folder dialogbox is displayed. Enter the name of the folder into the Folder Name text box, select a location for the newfolder, and select OK.

• While viewing a document or a result list, select the Save to Folder icon, and then select New Folder.Enter the name of the folder into the Folder Name text box, select a location for the folder, and select OK.

The current folder is the folder that is displayed on the right side of the Home page and at the top of all other pages.

To change the current folder, select the current folder and then select the Change Folder icon ( ). The Change Folder dialog box is displayed. Select the folder you want and then select OK.


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Delivering Results

To print, email, or download a document or list of documents, complete these steps:

1. Select the Delivery Method (print, email or download) icon on the toolbar, or select the arrow next to the delivery icon and choose your option from the menu.

Delivery options button

Figure 7: Delivery Options

A dialog box is displayed, which includes two or more of the following tabs:

• Layout and Limits tab: Select the checkboxes for the elements you want to include in the document, such as expanded margins for notes.

• Content to Append tab: Select the checkboxes for the content you want to append to the document from the KeyCite lists and Other Related Information section.

• Recipients tab: This tab is available if you select the Email option.

• The Basics tab: This tab is available if you select the Download option.

2. Select Print, Email or Download. If you select Print or Download, a Preparing for Print or Preparing for Download dialog box is displayed.

Note: WestlawNext Canada remembers your preference making that delivery method your new default.

Using the Delivery Queue Print and download requests are saved in the delivery queue in the lower-right corner of the page until midnight of the current day and can be printed or downloaded at any time prior to expiration. Select the View Delivery Queue icon ( ) to display the items in the delivery queue. Select an item to print or download it.


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Document Page Overview

To view a document in your result list, select the document’s title. Each document in a search result contains highlighted search terms for easy browsing and links to cited documents.

The document toolbar for a case provides several navigational and other tools. They are:

Figure 8: Document Toolbar

Return to list: View the Result List. Previous/Next Document: View the next or previous document in your search result. Previous/Next Term: View the portions of each document that contain your search terms. Search Text in the Document: Enter terms to search within the document. Display Options: Adjust the document font styles, sizes and margins. Annotations: Add a note to the top of the document or show or hide notes you’ve already added. Save to Folder: Save the document to a folder. Select a Delivery Method (Email, Print, Download): Email, print or download the document. You can also send

it to Case Notebook. Full Screen Mode: Expands the document view for easier viewing of annotations.

Document Icons

WestlawNext Canada utilizes a variety of document icons. They are: • Previously Viewed: Indicates that you’ve viewed the document within the last 30 days. • Saved to folder: Indicates that you have added the document to a folder. • Note Added: Indicates that you have added a note to the document. • Annotation in Folder: Add a note to a document within a folder • KeyCite References: A variety of icons appear to indicate the status of the case or statutory

provision. • Legal Memoranda: Indicates the case has associated legal memos. • Court Documents: Indicates the case has associated court documents (motions, facta and pleadings).


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Where can I find Help?

• Contact Carswell Technical or Reference Support, 24/7 at: 1-800-387-5164.

• Access online Help and the Getting Started tutorial located at the bottom of any WestlawNext Canada page.

• Go to the Customer Learning Centre (www.carswell.com/learning) to access User Guides, Quick Reference Cards and video tutorials or to sign up for a live public Webinar facilitated by a Carswell Certified Professional Learning Consultant.

• To learn more about WestlawNext Canada visit our marketing site (www.westlawnextcanada.com).

http://www.carswell.com/learning

http://www.carswell.com/learning

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