Caselaw, a source of Canadian Law.

Hi Everyone, it's Kristy from Clearly Legal.

Let's chat today about the basics of what Caselaw Is.

You might already know about legislation, the laws passed by Parliament or provincial legislatures. There is another equally important source of law that shapes how legislation is applied and interpreted: caselaw.

What is Caselaw?

Caselaw is the body of law created by judges when they make decisions in court cases. Unlike legislation, which is written and passed by elected officials, caselaw develops through judicial rulings. When a judge decides a case, their ruling can set a precedent that other courts follow in similar cases.

In Canada, caselaw comes from all levels of courts. Each level contributes to the evolving interpretation of the law. When judges interpret legislation or apply legal principles, their decisions become part of caselaw.

How Caselaw Works with Legislation

Legislation provides the written rules. Caselaw applies the written rules, and considers how to manage new things (ie - those facts not contemplated by pre-existing legislation and other caselaw). Judges interpret the wording of legislation and decide how it fits with the facts before them.

Leading Cases and Their Role

Some cases become especially important because they establish key legal principles. These are called leading cases. Other judges refer to these cases when making decisions, ensuring consistency across the legal system.

Knowing which cases are leading can save you time and money. Instead of starting from scratch, lawyers and judges build on established rulings to resolve disputes efficiently. Even cases that will become the new leading case use pre-existing caselaw to support their point of view.

I have worked with caselaw since I was a junior legal assistant, from helping with research to reviewing of factums to blackline specific content to creating the Book of Authorities. Need clerking help? Contact me at kristy@clearlylegal.ca and we'll chat.