Legal Research and Writing Assignment

Assessment Overview

There are two sections to this assignment, which together cover case law and legislation. Please include your Banner number on the cover page of your assignment, but do not include your name.

Provide the answers to the questions below. All citations should be formatted as per the Canadian Guide to Uniform Legal Citation, 10th ed (AKA the McGill Guide).

Section 1

Locate a case that meets the following criteria:

• Level of Court: Ontario Superior Court of Justice
• Subject: Copyright
• Issue: Nature of Copyright; Moral Rights
• Year of decision: 2020
• Justice delivering the reasons: Schabas J.

Once you have located the correct case, answer the following questions using Westlaw Edge Canada, Lexis+ and CanLII, as there may be differences in the information they provide.

1. Locate the above case and provide the full McGill citation (E-37–E-49 print, 3.1–3.9 online).
2. Determine the history of the case. Provide a full citation that indicates how the case has travelled through the courts (E-49–51 print, 3.11 online).
3. Determine if the case has referenced any prior case law. If so, cite the oldest Canadian case in the table of authorities (E-37–E-49 print, E-3.1–3.9 online).
4. Determine if the case has been judicially considered. If so, cite the most recent decision from the Ontario Court of Appeal (E-37–E-49 print, E-3.1–3.9 online).
5. Using the case from Section 1 Question 4 (above) indicate the following:
   1. Lexis: Case annotation and treatment type.
   2. Westlaw: Treatment and depth of treatment.

Section 2

The case located for Section 1 Question 1 cited a Federal statute:

1. Locate the cited Federal statute and provide the citation with reference to the section that covers “Ownership of copyright” (E21–26, 2.1).
2. Locate and cite the most recent amendment to this section of the Act (E-26–27, 2.1.11).
3. Locate and cite the bill that proposed the amending legislation. As additional information to your citation, add the dates of Royal Assent and the Coming-into-Force (E-28–29, 2.4) of the section of the Amending Act that changed the section located for Section 2 Question 1.
4. Locate the Sponsor’s speech from the House of Commons and answer the following questions (one sentence per question).
   1. What technology did not exist the last time the act was changed?
   2. What did the Sponsor say Canada’s copyright laws needed to be brought in line with?

Assessment Requirements – Brief Summary

This assessment requires students to demonstrate their ability to conduct legal research using multiple databases (Westlaw Edge Canada, Lexis+, and CanLII), apply case-law research techniques, locate legislation and amendments, and reference all findings according to the Canadian Guide to Uniform Legal Citation (McGill Guide, 10th edition). The assignment is divided into two main sections:

Section 1: Case Law Research

Students must locate one specific case from the Ontario Superior Court of Justice involving:

• Subject: Copyright

• Issues: Nature of copyright and moral rights

• Year: 2020

• Justice: Schabas J.

After finding the correct case, students must:

1. Provide its full McGill citation.

2. Identify and cite its case history.

3. Identify the oldest Canadian case it references.

4. Determine whether the case has been judicially considered, and cite the most recent ONCA decision.

5. Compare database-specific information:

   • Lexis+: Case annotations and treatment

   • Westlaw: Treatment and depth of treatment

Section 2: Legislation Research

Using the statute cited in Section 1, students must:

1. Locate the relevant federal statute and cite the section on Ownership of Copyright.

2. Identify and cite the most recent legislative amendment to that section.

3. Locate and cite the bill that introduced the amendment, adding:

   • Royal Assent date

   • Coming-into-Force date

4. Locate and summarise the Sponsor’s Speech from the House of Commons (one sentence each):

   • Identify the technology that did not exist the last time the Act was amended

   • State what Canadian copyright law needed to be aligned with

How the Academic Mentor Guided the Student – Step-by-Step Approach

The academic mentor approached the assessment by carefully breaking down each component, ensuring the student understood both what to find and how to find it using proper legal research methods. The guidance followed a structured progression through each section of the task.

Step 1: Understanding the Assignment and Clarifying the Research Scope

The mentor first explained:

• The purpose of the assessment

• The importance of following McGill citation rules

• The need to cross-check information across three major legal databases

• The focus on both case law and legislation research

The mentor ensured the student understood the criteria for locating the correct case, specifically the court level, subject matter, justice, and year.

This step established a clear research roadmap.

Step 2: Locating the Case (Section 1 – Question 1)

The mentor guided the student on how to perform a targeted search:

• How to filter by court level, jurisdiction, and year

• How to include keywords such as copyright, moral rights, or Schabas J.

• How to confirm that the case meets all required criteria

Once the correct case was identified, the mentor demonstrated how to extract the official citation, ensuring it complied with McGill Guide rules.

Step 3: Researching Case History (Section 1 – Question 2)

The mentor taught the student:

• Where to find case history tabs in Westlaw, Lexis+, and CanLII

• How to read and interpret procedural history (appeals, motions, etc.)

• How to format hierarchical citations according to McGill Guide section E-49–51

The student practised cross-verifying the history across all three platforms.

Step 4: Analysing Authorities and Judicial Consideration (Section 1 – Questions 3–4)

The mentor explained:

• How to navigate tables of authorities

• How to locate the oldest Canadian case referenced

• How “judicial consideration” is displayed differently in each database (e.g., “cited by” tabs)

• How to identify the most recent ONCA decision referencing the case

This step taught the student how cases interact within the legal system.

Step 5: Comparing Database Treatments (Section 1 – Question 5)

The mentor guided the student to:

• Locate case annotations in Lexis+

• Identify treatment symbols (e.g., followed, distinguished, explained)

• Understand depth of treatment in Westlaw

• Compare variations across databases and summarise them concisely

This reinforced database literacy and critical evaluation skills.

Step 6: Locating the Statute and Related Amendments (Section 2 – Questions 1–3)

The mentor introduced the student to:

• Navigating the Justice Laws website

• Using lexical search to jump directly to the correct section (Ownership of copyright)

• How to check the section’s amendment history

• How to identify the most recent bill that introduced a change

• How to find Royal Assent and Coming-into-Force dates

The mentor explained how to properly cite statutes under the McGill Guide’s section E21–29.

Step 7: Reviewing the Sponsor’s Speech (Section 2 – Question 4)

The mentor guided the student to:

• Access House of Commons Debates

• Search for the bill number or statutory amendment

• Identify the Sponsor’s speech

• Extract concise, one-sentence answers to each question

This step taught the student how legislative intent is researched and interpreted.

Step 8: Final Compilation and McGill Citation Review

The mentor helped the student:

• Organise the answers clearly under Section 1 and Section 2

• Ensure all citations complied with McGill Guide rules

• Maintain consistent formatting

• Verify accuracy across all sources

The student then refined the final submission based on this feedback.

Outcome of the Assessment and Learning Achieved

By following the structured guidance, the student successfully:

• Identified the correct case from the Ontario Superior Court of Justice

• Prepared accurate McGill-style citations

• Analysed case history, judicial consideration, and referenced authorities

• Compared database-specific annotations and treatments

• Located the appropriate federal statute and its amendment history

• Researched legislative intent through parliamentary speeches

• Presented answers clearly and professionally

Learning Objectives Covered

Legal Database Research Skills
Ability to use Westlaw, Lexis+, and CanLII effectively.

Case Law Analysis
Understanding judicial hierarchy, history, and interpretation.

Legislation Navigation
Locating and citing statutes, amendments, and bills.

Citation Mastery
Applying McGill Guide rules accurately across case and statute citations.

Critical Comparison Skills
Evaluating differences across legal information platforms.

Understanding Legislative Intent
Using parliamentary speeches to interpret statutory purpose.

Professional Legal Writing
Producing clear, well-structured, authoritative responses.

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