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Citing Cases from different jurisdictions?

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  • mom2three
    Hey Marcos:

    If you click on the 'note up' (decisions citing this case), you will find that the common law to which you refer no longer applies in British Columbia and it was determined by a Court of Appeal decision in 2010 and in fact can be noted in the following decision:

    K.D.P. v. A.R.K. aka R.K., 2012 BCSC 1025 (CanLII)

    Check paragraph 14

    Perfect lesson to show why it is so imperative to cite up any and all decisions when doing research. The authoratative case in this matter in B.C. would be Gold v. Golc and while that decision could certainly be persuasive in Ontario, by no means would it be followed if it does not follow the Ontario rules/already decided case law.

    I don't know what you were using as search terms but you clearly can find cases; however, if you don't cite up you may find the decision is no longer a binding one, as is the case in this situation in B.C.

    Best of luck to you!

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  • Marcos
    Thanks OrleansLawyer, i'm looking for Caselaw in Ontario with regards to the following principle:

    The first line of authority rests on the propositions that child custody cases focus on the best interests of children and caring parents should not be discouraged by the prospect of a costs award against them, so long as they do not abuse the court process. Examples of this line of authority are:
    1. Morrison v. Morrison, 2001 BCSC 909 (CanLII), 2001 BCSC 909;
    2. Den Boer v. Elliott, 2001 BCSC 1571 (CanLII), 2001 BCSC 1571;
    3. Hillier v. Hillier, 2003 BCSC 1418 (CanLII), 2003 BCSC 1418;
    4. P. (P.E.) v. P. (D.W.), 2004 BCSC 1590 (CanLII), 2004 BCSC 1590;
    5. D. (S.E.) v. D. (G.S.), 2002 BCSC 1492 (CanLII), 2002 BCSC 1492;
    6. Cameron v. Cameron, 2005 BCSC 190 (CanLII), 2005 BCSC 190;
    7. Fillis v. Fillis, 2006 BCSC 1032 (CanLII), 2006 BCSC 1032;
    8. Chera v. Chera, 2008 BCSC 1640 (CanLII), 2008 BCSC 1640; and
    9. Hosseini v. Kazemi, 2011 BCSC 1559 (CanLII), 2011 BCSC 1559.

    Seems that most of the good stuff come out of BC, wondering if i can use these?

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  • OrleansLawyer
    The best cases are from courts within the jurisdiction, preferably at an appellate level.

    Be cognizant of differences in the statutes and social practices in the different provinces. For example, cohabitants in Quebec cannot claim spousal support; this is not the case in Ontario. This is due to differences in the legislation.

    British Columbian cases tend to diverge from the rest of Canada, even in similar facts scenarios. The same can be said for Quebec.

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  • Marcos
    started a topic Citing Cases from different jurisdictions?

    Citing Cases from different jurisdictions?

    Are there any issues, rules, warnings, or otherwise with citing cases from different Jurisdictions withing Canada?
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